Bridger v. Donaldson

Concur—Stevens, P. J., Capozzoli and McGivern, JJ.; Kupferman and McNally, JJ., dissent in the following memorandum by McNally, J.: I dissent and vote to modify the order to the extent of ordering a severance of the third-party action on the grounds that (1) a joinder was prejudicial as a matter of law (Strauss v. Bennett Bros. Corp., 27 A D 2d 528), and (2) the third-party plaintiff was guilty of gross laches *916in mating the application (see Schneph v. New York Times Co., 21 A D 2d 599, 601). In this wrongful death action, the third-party defendant Merit, appeals from the order denying its…