Since the main action involves the factual issue whether there was a defect in the sidewalk that contributed to plaintiff's injury, and the third-party action involves lease contract issues such as indemnification, and plaintiff, who has filed a note of issue, would be prejudiced by the delay caused by the need for discovery in the third-party action, severance of the third-party action was appropriate (see CPLR 1010; Garcia v Gesher Realty Corp.,
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TORRES v. VISTO REALTY CORP.
10233N, 306975/09, 84179/10.
106 A.D.3d 645 (2013)
965 N.Y.S.2d 721
2013 NY Slip Op 3798
CARLOS TORRES, Plaintiff, v. VISTO REALTY CORP., Defendant/Third-Party Plaintiff-Appellant. 1801 LAUNDRY CORP., Doing Business as STATION LAUNDROMAT, Third-Party Defendant-Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 28, 2013.
Decided May 28, 2013.
Appellate Division of the Supreme Court of New York, First Department.
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