SEAY v. STATESIDE CONSTRUCTION CORP.


282 A.D.2d 268 (2001)

722 N.Y.S.2d 871

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

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

Decided April 12, 2001.


In an order dated June 8, 2000, this Court affirmed the severance of the second third-party action brought against Gateway Demolition, observing that "[t]he delay in commencing the second third-party action * * * 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 third-party action" (Seay v Stateside Constr. Corp., 273 A.D.2d 60

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