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Ambriano v. Bowman

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 404 (N.Y. App. Div. 1997)

Opinion

December 15, 1997

Appeal from the Supreme Court, Suffolk County (Underwood, J.).


Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not improvidently exercise its discretion in denying those branches of the respective motions of the third-party defendants which were to dismiss the third-party complaint. Similarly, the court did not improvidently exercise its discretion in ordering a severance of the third-party action. The third-party plaintiff unduly delayed in commencing the third-party action, the parties in the main action have substantially completed their discovery, and would be prejudiced by the delay necessary to allow the third-party defendants to engage in discovery ( see, Cusano v. Sankyo Seiki Mfg. Co., 184 A.D.2d 489, 490; Zuckerman v. La Guardia Hosp., 125 A.D.2d 304).

Rosenblatt, J. P., Ritter, Altman and Florio, JJ., concur.


Summaries of

Ambriano v. Bowman

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 404 (N.Y. App. Div. 1997)
Case details for

Ambriano v. Bowman

Case Details

Full title:JACQUELINE AMBRIANO et al., Plaintiffs, v. THOMAS BOWMAN et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 15, 1997

Citations

245 A.D.2d 404 (N.Y. App. Div. 1997)
666 N.Y.S.2d 471

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