Whippoorwill Hills Homeowners Ass'n v. Toll at Whippoorwill, L.P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*865Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in directing the severance of the third-party actions at issue from the main action. Severance will avoid undue delay in the main action, which was commenced more than four years ago and has been certified ready for trial, and will avoid prejudice to the third-party defendants, who have not had an adequate opportunity to complete discovery (see CPLR 1010; Meczkowski v E.W. Howell Co., Inc., 63 AD3d 803, 804 [2009]; Abreo v Baez, 29 AD3d 833, 834 [2006]; Wassel v Niagara Mohawk Power Corp.,…
2Cases cited4 opinions
- Meczkowski v. E.W. Howell Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Singh v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Abreo v. BaezAppellate Division of the Supreme Court of the State of New York · 2006
- Wassel v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2003
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- Paulino v. Staten Is. Univ. Hosp.Appellate Division of the Supreme Court of the State of New York · 2025