In Rothstein v. Milleridge Inn, 251 A.D.2d 154, 674 N.Y.S.2d 346 (1st Dept. 1998), plaintiff filed a slip and fall negligence action against a parking lot owner and the owner filed a third-party action against the snow and ice removal contractor.
The Court found that the trial court abused its discretion by severing the third-party action from the main action, as the defendant parking lot owner would be prejudiced.
The trier of fact could not properly determine whether the owner had negligently maintained the parking lot without considering whether the contractor used due care in removing the snow and ice. See id.