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CRUZ v. TAINO CONSTRUCTION CORP.

38 A.D.3d 391 (2007)

830 N.Y.S.2d 902

JESUS CRUZ et al., Respondents, v. TAINO CONSTRUCTION CORP. et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. HERMITAGE INSURANCE COMPANY, Third-Party Defendant-Respondent-Appellant.

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

Decided March 22, 2007.

The motion court properly severed the main and third-party actions, since those actions do not involve common questions of law or fact. The issue in the third-party action is whether Hermitage received contractually timely notice of the claim, while the main action involves questions of negligence (see Dreizen v Morris I. Stoler, Inc., 98 A.D.2d 759 [1983]). Further, "[i]t is generally...

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