Mark G. v. Sabol
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Walter Tolub, J.), entered December 31, 1996, which, insofar as appealed from, denied, without prejudice and with leave to renew, plaintiffs’ motion to dismiss or sever the third-party action, unanimously affirmed, without costs.
The IAS Court properly exercised its discretion in denying the motion. The claims in the two actions are sufficiently intertwined that one trial is both appropriate and judicially efficient (see, Erbach Fin. Corp. v Royal Bank, 203 AD2d 80). Furthermore, plaintiffs have failed to demonstrate prejudice with respect to any…
2Cases cited1 opinion
- Erbach Finance Corp. v. Royal Bank of CanadaAppellate Division of the Supreme Court of the State of New York · 1994