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WILSON v. CITY OF NEW YORK
Appellate Division of the Supreme Court of New York, First Department.
Nov 13, 2003
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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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