Court Severs New 3rd-Party Action As Prejudicial to Parties

NEW YORK - A New York trial court has severed a newly filed third-party action against a construction engineer and consultant after concluding the new action would delay trial and prejudice parties who have nearly completed discovery in the 4-year-old case. Baker v. 40 East 80 Apartment Corp., et al., No. 603683/2003 (N.Y. Sup. Ct., N.Y. Cty.).

New York County Supreme Court Justice Michael D. Stallman said in his Dec. 14 order that he would entertain a motion to rejoin the negligence portion of the severed action if discovery on that issue is completed within four months.

Masonry contractor …