Legal Opinion
Attie v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 1995PublishedCited by 4 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about July 13, 1995, which, inter alia, granted appellant’s motion for vacatur of the default order dated May 8, 1995, but adhered to the prior decision insofar as refusing to strike the note of issue, and in severing the fourth-party action, unanimously affirmed, without costs.
Denial of severance would likely have caused an inordinate delay of trial of the main action (cf., Leavitt v New York City Tr. Auth., 111 AD2d 907, 908). Plaintiff completed discovery and filed a note of issue pursuant to the IAS Court’s orders…
2Cases cited4 opinions
- Levine v. McFarlandAppellate Division of the Supreme Court of the State of New York · 1983
- Leavitt v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
- Hamlin v. MenschAppellate Division of the Supreme Court of the State of New York · 1994
- Miro v. Branford House, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by4 opinions
- Garcia v. Gesher Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Taylor v. Paskoff & Tamber, LLPAppellate Division of the Supreme Court of the State of New York · 2013
- Baig v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Taylor v. Paskoff & Tamber, LLPAppellate Division of the Supreme Court of the State of New York · 2013