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ATTIE v. CITY OF NEW YORK

221 A.D.2d 274 (1995)

634 N.Y.S.2d 88

Paulette Attie, Respondent, v. City of New York, Defendant, and Trustees of the Masonic Hall and Asylum Fund, Appellant and Third-, Fourth- and Fifth-Party Plaintiff, et al., Third-Party Defendant, et al., Fourth-Party Defendant, et al., Fifth-Party Defendant

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

November 28, 1995

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 A.D.2d 907, 908). Plaintiff completed discovery and filed a note of issue pursuant to the IAS Court's orders and would be prejudiced by such delay (see, Miro v Branford House, 174 A.D.2d 363). Appellant did not take the opportunity to conduct...

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