Lamarca v. Super Structure Builders, Inc.

Appellate Division of the Supreme Court of New York

Lamarca v. Super Structure Builders, Inc.

35 A.D.3d 818, 825 N.Y.S.2d 371

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 26, 2006

StatusPublished

Cited by1 cases

This text of 35 A.D.3d 818 (Lamarca v. Super Structure Builders, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lamarca v. Super Structure Builders, Inc., 35 A.D.3d 818, 825 N.Y.S.2d 371 (N.Y. Ct. App. 2006).

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Opinion

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Kurtz, J.), dated February 22, 2006, as denied that branch of her motion which was to sever this action insofar as asserted against the defendant Super Structure Builders, Inc., and to permit the plaintiff to proceed against the defendant 31 W 21, LLC.

Ordered that the order is affirmed insofar as appealed from, with costs.

[819]*819Under the circumstances, the Supreme Court providently exercised its discretion in denying that branch of the plaintiffs motion which was to sever this action insofar as asserted against the defendant Super Structure Builders, Inc., and to permit the plaintiff to proceed against the defendant 31 W 21, LLC (see CPLR 603; Naylor v Knoll Farms of Suffolk County, Inc., 31 AD3d 726, 727 [2006]; Ingoglia v Leshaj, 1 AD3d 482, 485 [2003]). Florio, J.P., Ritter, Goldstein and Covello, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Kurtz, J.), dated February 22, 2006, as denied that branch of her motion which was to sever this action insofar as asserted against the defendant Super Structure Builders, Inc., and to permit the plaintiff to proceed against the defendant 31 W 21, LLC.

Ordered that the order is affirmed insofar as appealed from, with costs.

[819]*819Under the circumstances, the Supreme Court providently exercised its discretion in denying that branch of the plaintiffs motion which was to sever this action insofar as asserted against the defendant Super Structure Builders, Inc., and to permit the plaintiff to proceed against the defendant 31 W 21, LLC (see CPLR 603; Naylor v Knoll Farms of Suffolk County, Inc., 31 AD3d 726, 727 [2006]; Ingoglia v Leshaj, 1 AD3d 482, 485 [2003]). Florio, J.P., Ritter, Goldstein and Covello, JJ., concur.

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Bluebook (online)

35 A.D.3d 818, 825 N.Y.S.2d 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamarca-v-super-structure-builders-inc-nyappdiv-2006.

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