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CORINNE WILSON, Plaintiff, v. THE CITY OF NEW YORK, ET AL., Defendants. [AND A THIRD-PARTY ACTION] EDENWALD CONTRACTING CO., INC., Second Third-Party Plaintiff-Respondent,

The motion court properly exercised its discretion in denying Gandhi's motion for a severance since the actions involve common facts and law and judicial economy would be served by trying them together, the court afforded Gandhi an adequate opportunity to complete discovery, and Gandhi has not otherwise demonstrated prejudice due to its having been impleaded at the "eleventh-hour" (see e.g. Rothstein v. Milleridge Inn, Inc., 251 A.D.2d 154; Pescatore v. Am. Export Lines, Inc., 131 A.D.2d 739).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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WILSON v. CITY OF NEW YORK
(Nov 13, 2003)