HOPPER v. REGIONAL SCAFFOLDING AND HOISTING CO., INC.


272 A.D.2d 242 (2000)

707 N.Y.S.2d 633

WILLIAM C. HOPPER et al., Respondents, v. REGIONAL SCAFFOLDING AND HOISTING CO., INC., Appellant, et al., Defendants.

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

Decided May 25, 2000.


While it is true that plaintiff was injured in two separate incidents, the two incidents, as alleged, share a common injury producing instrumentality, i.e., an elevator, several common witnesses, and there may be an issue as to whether injuries allegedly sustained in the second incident were exacerbations of injuries sustained in the first incident. Furthermore, defendant has not sufficiently demonstrated that prejudice would result in the absence of severance. The potential...

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