Hopper v. Regional Scaffolding & Hoisting Co.

—Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about April 12, 1999, which denied the motion of defendant Regional Scaffolding and Hoisting Co., Inc. for severance pursuant to CPLR 603, unanimously affirmed, without costs.

While it is true that plaintiff was injured in two separate incidents, the two incidents, as alleged, share a common injury producing instrumentality, i.e., an elevator, several common witnesses, and there may be an issue as to whether injuries allegedly sustained in the second incident were exacerbations of injuries sustained in the first incident.…