Appellate Division of the Supreme Court of New York, 1998

Domenech v. Drew

Domenech v. Drew
Appellate Division of the Supreme Court of New York · Decided December 16, 1998
256 A.D.2d 437; 683 N.Y.S.2d 425; 1998 N.Y. App. Div. LEXIS 13519
Domenech v. Drew

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendant Maurice Zedeck appeals from an order of the Supreme Court, Queens County (Berke, J.), dated December 18, 1997, which denied his motion to sever the causes of action asserted against him from those against the remaining defendants.

Ordered that the order is affirmed, with costs.

In light of our determination that the plaintiffs are not entitled to partial summary judgment on the issue of liability as against the defendant David Drew (Domenech v Drew, 256 AD2d 438 [decided herewith]), the order denying the appellant’s motion for a severance is affirmed (see, CPLR 603; Shanley v *438Callanan Indus., 54 NY2d 52, 57). Rosenblatt, J. P., O’Brien, Sullivan, Krausman and Florio, JJ., concur.

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