MIRO v. BRANFORD HOUSE, INC.


174 A.D.2d 363 (1991)

Lavina B. Miro, as Administratrix of The Estate of Bernice Bowie, Deceased, Respondent, v. Branford House, Inc., et al., Appellants and Third-Party Plaintiffs-Appellants, et al., Defendants. New York City Health and Hospitals Corp. et al., Third-Party Defendants-Respondents

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

June 6, 1991


The IAS court properly exercised its discretion in severing the third-party medical malpractice action from the main action, a personal injury action seeking damages for conscious pain and suffering and wrongful death stemming from the alleged negligence of defendants/third-party plaintiffs, among others, whose building water system was claimed to have scalded the decedent, contributing to her death 17 days thereafter. The commencement of the third-party action on the eve...

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