Sims v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Sims v. New York City Housing Authority

127 A.D.3d 434, 4 N.Y.S.3d 514

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

DecidedApril 7, 2015

Docket14725 111504/09

StatusPublished

This text of 127 A.D.3d 434 (Sims v. New York City Housing Authority) 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

Sims v. New York City Housing Authority, 127 A.D.3d 434, 4 N.Y.S.3d 514 (N.Y. Ct. App. 2015).

Pincite

Opinion

Order, Supreme Court, New York County (Joan M. Kenney, *435 J.), entered September 16, 2014, which denied defendant/third-party plaintiff, New York City Housing Authority’s (NYCHA) motion to vacate an order, same court and Justice, entered July 2, 2014, inter alia, severing, sua sponte, the third-party and second-third-party actions, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted, the July 2, 2014 order vacated, and the matter remanded for further proceedings, including a determination of the motion by Lend Lease (US) Construction LMB, Inc., formerly Bovis Lend Lease LMB, Inc., for an additional deposition of the plaintiff.

The court improvidently exercised its discretion by refusing to vacate the severance order, where the actions had a common nucleus of facts, no party had been seeking severance at the time, and no party had opposed NYCHA’s motion to vacate the sua sponte grant of severance. Nor had any party argued that they would be prejudiced by a joint trial of the main and third-party actions, or that such trial would result in substantial delay (see Shanley v Callanan Indus., 54 NY2d 52, 57 [1981]; Vecciarelli v King Pharms., Inc., 71 AD3d 595, 596 [1st Dept 2010]; Sichel v Community Synagogue, 256 AD2d 276 [1st Dept 1998]).

Concur — Friedman, J.P., Acosta, Moskowitz, Richter and Kapnick, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Joan M. Kenney, *435 J.), entered September 16, 2014, which denied defendant/third-party plaintiff, New York City Housing Authority’s (NYCHA) motion to vacate an order, same court and Justice, entered July 2, 2014, inter alia, severing, sua sponte, the third-party and second-third-party actions, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted, the July 2, 2014 order vacated, and the matter remanded for further proceedings, including a determination of the motion by Lend Lease (US) Construction LMB, Inc., formerly Bovis Lend Lease LMB, Inc., for an additional deposition of the plaintiff.

The court improvidently exercised its discretion by refusing to vacate the severance order, where the actions had a common nucleus of facts, no party had been seeking severance at the time, and no party had opposed NYCHA’s motion to vacate the sua sponte grant of severance. Nor had any party argued that they would be prejudiced by a joint trial of the main and third-party actions, or that such trial would result in substantial delay (see Shanley v Callanan Indus., 54 NY2d 52, 57 [1981]; Vecciarelli v King Pharms., Inc., 71 AD3d 595, 596 [1st Dept 2010]; Sichel v Community Synagogue, 256 AD2d 276 [1st Dept 1998]).

Concur — Friedman, J.P., Acosta, Moskowitz, Richter and Kapnick, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

127 A.D.3d 434, 4 N.Y.S.3d 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-new-york-city-housing-authority-nyappdiv-2015.

Opinion

Related

Cite This Page — Counsel Stack