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SEAY v. STATESIDE CONSTRUCTION CORP.

273 A.D.2d 60 (2000)

708 N.Y.S.2d 873

JOHNNIE SEAY, Plaintiff, v. STATESIDE CONSTRUCTION CORP., Defendant. (And a Third-Party Action.) GEORGE A. FULLER COMPANY et al., Second Third-Party Plaintiffs-Appellants, v. GATEWAY DEMOLITION CORPORATION, Second Third-Party Defendant-Respondent. (And a Third Third-Party Action.)

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

Decided June 8, 2000.

The delay in commencing the second third-party action, substantially attributable to second third-party plaintiffs' inattention to their own records, having resulted in removal of the action from the trial calendar and undue limitation of second third-party defendant Gateway Demolition Corporation's conduct of discovery, was sufficiently prejudicial, both to plaintiff and Gateway, to support the motion court's exercise of discretion in granting the motion to sever the second...

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