Appellate Division of the Supreme Court of New York, 1996

Dawson v. Pavarini Construction Co.

Dawson v. Pavarini Construction Co.
Appellate Division of the Supreme Court of New York · Decided June 10, 1996
228 A.D.2d 468; 644 N.Y.2d 288; 644 N.Y.S.2d 288; 1996 N.Y. App. Div. LEXIS 6630
Dawson v. Pavarini Construction Co.

Opinion of the Court

*469The motion of the defendants third-party plaintiffs, inter alia, to direct that the liability trial on the third-party action proceed prior to the damages trial on the plaintiffs’ action was properly denied as it was merely an attempt to relitigate the severance of the third-party action which had been granted by an order of the Supreme Court, Suffolk County, dated March 24,1995 (see, Martin v City of Cohoes, 37 NY2d 162, 165; Padela v Rosen & Weidberg, 200 AD2d 722, 723). In any event, the contention of the defendants third-party plaintiffs that severance will result in relitigation of the amount of the damages awarded to the plaintiffs is meritless (see, Oceanic Steam Nav. Co. v Compania Transatlantica Espanola, 134 NY 461; Baker v Northeastern Indus. Park, 73 AD2d 753).

The remaining contentions of the defendants third-party plaintiffs are without merit. Balletta, J. P., Rosenblatt, Thompson and Copertino, JJ., concur.

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