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PIERRE-LOUIS v. DELONGHI AMERICA, INC.

39 A.D.3d 522 (2007)

831 N.Y.S.2d 730

MARIE PIERRE-LOUIS et al., Respondents, v. DELONGHI AMERICA, INC., et al., Respondents, and ANTONEEN DARDEN-McCALL, Sued Herein as ANTONEEN DARDEN and ANTONEEN McCALL, et al., Appellants. (Action No. 1.) TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. DELONGHI AMERICA, INC., et al., Respondents. (Action No. 2.) ALLSTATE INSURANCE COMPANY, Respondent, v. ANTONEEN DARDEN et al., Defendants and Third-Party Plaintiffs-Appellants. DELONGHI AMERICA, INC., et al., Third-Party Defendants-Respondents. (Action No. 3.)

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

Decided April 3, 2007.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for a joint trial and substituting therefor a provision denying that branch of the motion, with leave to renew upon the completion of discovery; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances of this case, the actions should have been joined for the purpose of conducting...

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