ROBINSON v. DINNEEN

Index No. 158939/17. Appeal No. 15546. Case No. 2021-03508.

203 A.D.3d 555 (2022)

162 N.Y.S.3d 700

2022 NY Slip Op 01889

Miranda Robinson, Respondent, v. Patrick Shane Dinneen, Appellant, and Executive Club, LLC, et al., Respondents.

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

Decided March 17, 2022.


Attorney(s) appearing for the Case

Porzio, Bromberg & Newman, P.C., New York ( Gary M. Fellner of counsel), for appellant.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.


Supreme Court providently exercised its discretion in denying as premature Dinneen's motion to sever plaintiff's causes of action against him from those against defendant Executive Club, LLC. It correctly held that effectuating severance now could complicate discovery, and that, upon completion of discovery, it would be easier to determine if severance is necessary.

At this stage of the litigation, where the note of issue has not been filed and party depositions have...

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