Johnson v. Gonzalez

— Order, Supreme Court, New York County, entered May 5, 1978, which, inter alia, directed that the action against the defendant Felix Rosa be severed and an assessment of damages against Rosa be held, insofar as appealed from, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the severance and assessment of damages denied, without costs or disbursements. The action, when reached on the Trial Calendar, should be tried against all defendants, with the participation of Rosa limited to that permitted a defaulting defendant upon an inquest in a personal injury…