DeJesus v. Tyree Organization

Order, Supreme Court, Bronx County (Barry Salman, J.), entered September 13, 2001, which, in an action by a laborer for personal injuries against the lessee of premises undergoing restoration and the general contractor of the restoration, inter alia, denied third-party defendant premises owner’s motion for summary judgment dismissing the lessee’s third-party complaint or for a severance of the third-party action, unanimously modified, on the facts, to sever the third-party action, and otherwise affirmed, without costs.

The lessee impleaded the owner after plaintiff’s cause of action against…