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MALTESE v. PORT AUTH. OF N.Y. & N.J.

Index Nos. 22496/15E, 43003/18E. Appeal No. 15787. Case No. 2021-00846.

204 A.D.3d 542 (2022)

165 N.Y.S.3d 277

2022 NY Slip Op 02626

Antonio Maltese et al., Appellants, v. Port Authority of New York and New Jersey et al., Respondents. Port Authority of New York and New Jersey et al., Third-Party Plaintiffs-Respondents, v. Techno Consult, Inc., Third-Party Defendant/ Second Third-Party Plaintiff. Yonkers Contracting Company, Inc., Second Third-Party Defendant-Respondent.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Sacks and Sacks LLP, New York ( Scott N. Singer , of counsel) for appellants.

London Fischer LLP, New York ( Daniel C. Rosenberg , of counsel) for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.

The court providently exercised its discretion in denying plaintiffs' motion to sever the third-party actions notwithstanding any delay in commencing those actions, because plaintiffs made no showing that the main action will be delayed to their prejudice, and the discovery rights of the third-party actions can be accommodated (see CPLR 603, 1010; Nielsen v New York State Dormitory Auth., 84 A.D.3d 519, 520 [1st Dept 2011...

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