HASENZAHL v. 44TH ST. DEV. LLC

Index Nos. 161994/15, 595078/16, 595745/18. Appeal No. 15580. Case No. 2021-03635.

203 A.D.3d 602 (2022)

162 N.Y.S.3d 719

2022 NY Slip Op 02063

Chris Hasenzahl, Plaintiff, v. 44th Street Development LLC et al., Respondents. 44th Street Development LLC et al., Third-Party Plaintiffs-Respondents, v. Gateway Electric Group, LLC, Third-Party Defendant/Second Third-Party Plaintiff-Appellant. Woodworks Construction Co., Inc., Second Third-Party Defendant-Respondent.

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

Decided March 24, 2022.


Attorney(s) appearing for the Case

Law Offices of Kevin P. Westerman, Elmsford ( Richard W. Ashnault , of counsel), for appellant.

Ropers, Majeski, Kohn & Bentley, New York ( Douglas H. Miller , of counsel), for respondents.

Concur—Gische, J.P., Mazzarelli, Friedman, González, Mendez, JJ.


The motion court providently exercised its discretion in severing the second third-party action from the main and third-party actions (see Luckey v City of New York, 177 A.D.3d 460 [1st Dept 2019]). Contrary to Gateway's argument, joint tortfeasors are not necessary parties to an action (Putvin v Buffalo Elec. Co., 5 N.Y.2d 447, 453 [1959] ["a plaintiff ... is free to choose his defendants"]). Gateway's and Woodworks's subcontracts...

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