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HASENZAHL v. 44TH ST. DEV. LLC

Index Nos. 161994/15, 595078/16, 595745/18. Appeal No. 15580. Case No. 2021-03635.

203 A.D.3d 602 (2022)

162 N.Y.S.3d 719

2022 NY Slip Op 02063

Chris Hasenzahl, Plaintiff, v. 44th Street Development LLC et al., Respondents. 44th Street Development LLC et al., Third-Party Plaintiffs-Respondents, v. Gateway Electric Group, LLC, Third-Party Defendant/Second Third-Party Plaintiff-Appellant. Woodworks Construction Co., Inc., Second Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 24, 2022.

Attorney(s) appearing for the Case

Law Offices of Kevin P. Westerman, Elmsford (Richard W. Ashnault, of counsel), for appellant.

Ropers, Majeski, Kohn & Bentley, New York (Douglas H. Miller, of counsel), for respondents.

Concur—Gische, J.P., Mazzarelli, Friedman, González, Mendez, JJ.

The motion court providently exercised its discretion in severing the second third-party action from the main and third-party actions (see Luckey v City of New York, 177 A.D.3d 460 [1st Dept 2019]). Contrary to Gateway's argument, joint tortfeasors are not necessary parties to an action (Putvin v Buffalo Elec. Co., 5 N.Y.2d 447, 453 [1959] ["a plaintiff ... is free to choose his defendants"]). Gateway's and Woodworks's subcontracts...

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