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PENA v. CITY OF NEW YORK

222 A.D.2d 233 (1995)

635 N.Y.S.2d 10

Florence J. Pena, Respondent, v. City of New York, Defendant, and New York City Housing Authority, Defendant and Third-Party Plaintiff-Appellant. R.D. Mortman & Co., Inc., et al., Third-Party Defendants-Respondents

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

December 7, 1995

Severance of the third-party action was a proper exercise of discretion under CPLR 1010 in view of the prejudice caused by the third-party plaintiff's disclosure delays (see, Blechman v Peiser's & Sons, 186 A.D.2d 50, 51-52), notwithstanding the desirability of trying these cases together. Third-party plaintiff's noncompliance with the prior order denying a severance negated any law of the case effect that that order might...

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