In a May 31, 2011 decision by Justice Bransten, the Court denied plaintiff’s motion to sever the issue f damages. The Court had previously granted summary judgment to plaintiff on a claim its negligence claim against one of the defendants. Plaintiff then moved, pursuant to CPLR 603, to sever the issue of damages on its negligence claim and proceed to a trial on damages. Certain defendants opposed the motion.
In denying the motion for a severance, the Court was guided by principles of judicial economy. Specifically, the Court found that the issues and claims among the remaining parties were intertwined, so that having separate trials would not further judicial economy. In addition, the Court found no prejudice to plaintiff if the severance was denied.
East 115th Street Realty Corp. v. Focus & Struga Building Developers LLC, Sup Ct, New York County, May 31, 2011, Bransten, J, Index No. 604164/2007.