Leavitt v. New York City Transit Authority

In an action to recover damages for personal injuries and wrongful death, third-party defendant General Motors Corporation appeals from an order of the Supreme Court, Kings County (Hellenbrand, J.), dated September 12, 1984, which denied its motion to dismiss the third-party complaint without prejudice or, in the alternative, to sever the third-party action from the main action.

Order affirmed, without costs or disbursements.

We have reviewed the record and conclude that, notwithstanding the third-party plaintiff’s inordinate and unjustified delay in commencing its third-party action, the…