Garcia v. City of New York

290 A.D.2d 379, 736 N.Y.S.2d 592, 2002 N.Y. App. Div. LEXIS 832

Opinion

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about May 3, 2001, which, in an action by a laborer against a building owner for personal injuries and a third-party action by the building owner against a contractor in which issue was not joined until after plaintiff had been granted partial summary judgment on the issue of the building owner’s liability under Labor Law § 240 (1), insofar as appealed from, denied the contractor’s motion to sever the third-party action from the main action, unanimously affirmed, without costs.

The order on appeal makes specific provision for completion of disclosure in the third-party action, and the contractor does not show a need for disclosure that cannot be met under the order, or other prejudice warranting severance of a third-party action for indemnity or contribution that, if possible, clearly should be tried with the main action (see, Vitiello v Mayrich Constr. Corp., 255 AD2d 182, 184-185; Erbach Fin. Corp. v Royal Bank, 203 AD2d 80). Concur — Nardelli, J.P., Andrias, Saxe, Ellerin and Marlow, JJ.