Appellate Division of the Supreme Court of New York, 2012

Whippoorwill Hills Homeowners Ass'n v. Toll at Whippoorwill, L.P.

Appellate Division of the Supreme Court of New York · Decided January 24, 2012

91 A.D.3d 864; 937 N.Y.2d 595

Cases that cite this one

5 later published cases cite this decision.

Mitchell v. DHG Winrock, LLC (New York Supreme Court, Richmond County 2025)
Paulino v. Staten Is. Univ. Hosp. (Appellate Division of the Supreme Court of New York 2025)
Saraiva v. 540 Fulton Owner LLC (New York Supreme Court, Kings County 2024)
McGill v. Whitney Museum of Am. Art (New York Supreme Court, New York County 2024)
Tank v. Westchester County Health Care Corp. (Appellate Division of the Supreme Court of New York 2020)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*865Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in directing the severance of the third-party actions at issue from the main action. Severance will avoid undue delay in the main action, which was commenced more than four years ago and has been certified ready for trial, and will avoid prejudice to the third-party defendants, who have not had an adequate opportunity to complete discovery (see CPLR 1010; Meczkowski v E.W. Howell Co., Inc., 63 AD3d 803, 804 [2009]; Abreo v Baez, 29 AD3d 833, 834 [2006]; Wassel v Niagara Mohawk Power Corp., 307 AD2d 752 [2003]; Singh v City of New York, 294 AD2d 422, 423 [2002]). Dillon, J.P, Dickerson, Eng and Leventhal, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.