Emmetsberger v. Mitchell

In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Queens County (Price, J.), dated April 16, 2003, which denied its motion to sever the third-party action and add the plaintiff as a third-party defendant.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The Supreme Court erred in denying the appellant’s motion to sever the third-party action and add the plaintiff as a third-party defendant. The two actions do not involve common questions of law or fact (see Dreizen v Morris I.…