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Escourse v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 2006
27 A.D.3d 319 (N.Y. App. Div. 2006)

Opinion

8115.

March 21, 2006.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered November 23, 2004, which denied plaintiffs' motion to sever the third-party action and third-party defendant's cross motion to dismiss the third-party complaint, unanimously affirmed, without costs.

Hill Moin LLP, New York (Cheryl Eisberg Moin of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York (Suzanne K. Colt of counsel), for respondents.

Before: Tom, J.P., Gonzalez, Sweeny, Catterson and Malone, JJ., concur.


The denial of plaintiffs' motion to sever was a provident exercise of discretion notwithstanding defendants' delay in commencing the third-party action (CPLR 1010; see Shanley v. Callanan Indus., 54 NY2d 52, 57; Wilson v. City of New York, 1 AD3d 157; Klein v. City of Long Beach, 154 AD2d 346). We note that due to plaintiffs' own delays, the action was stricken from the trial calendar while the instant motions were pending. Furthermore, by filing a note of issue stating that disclosure was complete, plaintiffs waived any defects in defendants' response to the November 1999 conditional order of preclusion ( see Simpson v. City of New York, 10 AD3d 601, 602). Thus, the motion court properly declined to strike defendants' answer.


Summaries of

Escourse v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 2006
27 A.D.3d 319 (N.Y. App. Div. 2006)
Case details for

Escourse v. City of New York

Case Details

Full title:JERMEAL ESCOURSE, an Infant, by His Mother and Natural Guardian, EDITH…

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

Date published: Mar 21, 2006

Citations

27 A.D.3d 319 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2137
812 N.Y.S.2d 478

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