Lombardi v. Structure Tone, Inc.

Appellate Division of the Supreme Court of New York

Lombardi v. Structure Tone, Inc.

118 A.D.3d 512, 987 N.Y.S.2d 145

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

DecidedJune 12, 2014

StatusPublished

This text of 118 A.D.3d 512 (Lombardi v. Structure Tone, 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

Lombardi v. Structure Tone, Inc., 118 A.D.3d 512, 987 N.Y.S.2d 145 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered January 23, 2014, which granted plaintiff’s motion to sever the second third-party action, unanimously affirmed, without costs.

In this action arising out of personal injuries allegedly sustained by plaintiff when he tripped over debris at a construction site, the main action is trial-ready, but there is outstanding discovery in the second third-party action, which includes the depositions of necessary witnesses. Plaintiff would be substantially prejudiced by a long delay if compelled to await completion of disclosure in the second third-party action. Accordingly, the motion court did not abuse its discretion in granting the motion (see Blechman v Peiser’s & Sons, 186 AD2d 50, 51-52 [1st Dept 1992]; see also Pena v City of New York, 222 AD2d 233 [1st Dept 1995]).

Concur — Acosta, J.P., DeGrasse, Richter, Manzanet-Daniels and Feinman, JJ.

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Order, Supreme Court, New York County (Joan M. Kenney, J.), entered January 23, 2014, which granted plaintiff’s motion to sever the second third-party action, unanimously affirmed, without costs.

In this action arising out of personal injuries allegedly sustained by plaintiff when he tripped over debris at a construction site, the main action is trial-ready, but there is outstanding discovery in the second third-party action, which includes the depositions of necessary witnesses. Plaintiff would be substantially prejudiced by a long delay if compelled to await completion of disclosure in the second third-party action. Accordingly, the motion court did not abuse its discretion in granting the motion (see Blechman v Peiser’s & Sons, 186 AD2d 50, 51-52 [1st Dept 1992]; see also Pena v City of New York, 222 AD2d 233 [1st Dept 1995]).

Concur — Acosta, J.P., DeGrasse, Richter, Manzanet-Daniels and Feinman, JJ.

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Bluebook (online)

118 A.D.3d 512, 987 N.Y.S.2d 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lombardi-v-structure-tone-inc-nyappdiv-2014.

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