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JAMBRONE v. A.J.C. FOOD MKT. CORP.

159 A.D.2d 298 (1990)

Louise Jambrone et al., Respondents, v. A.J.C. Food Market Corp. et al., Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

March 13, 1990

On the defendant and third-party plaintiff's motion to strike the note of issue on the ground that all pretrial discovery had not been completed, the court, sua sponte, severed the third-party action from the main action. In our view, this was an inappropriate response to the motion since, contrary to the statement of readiness, the main action was not ready for trial. Moreover, there was no significant delay in the commencement of the third-party action that would...

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