WILSON v. CITY OF NEW YORK


1 A.D.3d 157 (2003)

766 N.Y.S.2d 841

CORINNE WILSON, Plaintiff, v. CITY OF NEW YORK et al., Defendants. (And a Third-Party Action.) EDENWALD CONTRACTING CO., INC., Second Third-Party Plaintiff-Respondent, v. GANDHI ENGINEERING, P.C., Second Third-Party Defendant-Appellant.

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

November 13, 2003.


The motion court properly exercised its discretion in denying Gandhi's motion for a severance since the actions involve common factual and legal issues and judicial economy would be served by trying them together, the court afforded Gandhi an adequate opportunity to complete discovery, and Gandhi has not otherwise demonstrated prejudice due to its having been impleaded at the "eleventh-hour" (see e.g. Rothstein v Milleridge

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