Legal Opinion

Neckles v. VW Credit, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 2005PublishedCited by 6 opinions

1Opinion of the Court

*192Order, Supreme Court, New York County (Milton A. Tingling, J-), entered January 5, 2005, which granted plaintiffs motion to sever the third-party complaint, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion denied.

The motion court erred in granting plaintiffs motion to sever the main action from the third-party action. The main and third-party actions involve common factual and legal issues which should be tried together (see Stark v Greenberg, Dauber & Epstein, 219 AD2d 571 [1995]; see also Vitiello v Mayrich Constr. Corp., 255 AD2d…

2Cases cited4 opinions

  1. Vitiello v. Mayrich Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Graziano v. 118-17 Liberty Avenue Management Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Stark v. Greenberg, Dauber & EpsteinAppellate Division of the Supreme Court of the State of New York · 1995
  4. 17 Vista Fee Associates v. Teachers Insurance & Annuity Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by6 opinions

  1. Global Imports Outlet, Inc. v. Signature Group, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  2. Held v. Pike Co.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Guido v. County of CayugaAppellate Division of the Supreme Court of the State of New York · 2017
  4. HELD, JAMES M. v. THE PIKE COMPANYAppellate Division of the Supreme Court of the State of New York · 2016
  5. Held v. Pike Co.Appellate Division of the Supreme Court of the State of New York · 2016

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