DEON v. FORTUNA


303 A.D.2d 541 (2003)

756 N.Y.S.2d 459

RICHARD DEON et al., Respondents, v. FRANK J. FORTUNA, Appellant. (Action No. 1.) RICHARD DEON et al., Plaintiffs, v. HANOVER TAP ROOM & EATERY, INC., Defendant. (Action No. 2.)

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

Decided March 17, 2003.


Ordered that the order is modified by deleting the provision thereof granting that branch of the motion which was for a joint trial of the two actions and substituting therefor a provision granting that branch of the motion only to the extent of directing a joint trial on the issue of damages in the event that the defendant in Action No. 2 is found liable; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

In August 1998...

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