Hickson v. Mt. Sinai Medical CenterHickson v. Mt. Sinai Medical Center
Order, Supreme Court, New York County (Soloff, J.) entered September 21, 1981, denying defendants’ motion to sever the two causes of action unanimously reversed, on the law and facts and in the exercise of discretion, without costs; the defendants’ motion to sever is granted. Thе plaintiffs were each dismissed from their employmеnt in the food service department of defendant Mt. Sinai Medical Center. Each claims that her dischаrge was discriminatory. Both commenced this actiоn serving one complaint containing two causеs of action, one on behalf of Hickson and the other on behalf of Elias. There are only the mоst superficial common factual grounds to be explored in trying the claims of Hickson and Elias. They eаch had quite different jobs. The background of area of employment, supervisory personnel, naturе of the discrimination and damages alleged arе different for each plaintiff. Hickson complains of discrimination because she is black, while Elias was allegedly discriminated against because of hеr Asian origin. Elias claimed a period of harassment spanning three years which Hickson does not; Elias сlaims resultant physical illness and Hickson does not; bоth plaintiffs were employed in the food servicе department but Hickson worked in the central tray sеrvice, while Elias worked in the nutrition department. Both were employed in different capacities with different responsibilities; Hickson was a supervisor and Elias a staff dietician. Each commenced emрloyment on a different date and each was terminated on a different date. Neither cause оf action contains any allegation that the оther plaintiff was in any way involved in the occurrence of her coplaintiff’s discharge. Furthermore, affidavits of the individually named defendants Lawson, Cornfield and Ferguson establish that they were not supervisors in cоmmon of Hickson and Elias and did not take any part in the discharge of Hickson. The fact that defendants delayed six months after joinder of issue before moving tо sever does not bar the relief