From Casetext: Smarter Legal Research

Dreizen v. Morris I. Stoler, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1983
98 A.D.2d 759 (N.Y. App. Div. 1983)

Opinion

December 19, 1983


In an action to recover damages for the negligent failure to arrange for an adequate amount of fire insurance coverage for plaintiff's building, Morris I. Stoler, Inc. appeals from an order of the Supreme Court, Nassau County (Lockman, J.), entered May 9, 1983, which granted Hartford Fire Insurance Co.'s motion pursuant to CPLR 1010 for a severance of the third-party action. Order affirmed, with costs. Special Term properly exercised its discretion in directing a severance. It is evident that Hartford, an insurance company, would be subject to at least some prejudice if both the main action and the third-party action were to be tried before the same jury ( Kelly v. Yannotti, 4 N.Y.2d 603; Schwartz v. Woodner Co., 40 A.D.2d 1027; Rauch v. Berlin, 24 A.D.2d 976). Moreover, the third-party action is concerned with questions of agency and, therefore, does not involve questions of fact similar to those in the main negligence action ( Shipsey v Katz, 58 A.D.2d 827). Titone, J.P., Gibbons, Bracken and Rubin, JJ., concur.


Summaries of

Dreizen v. Morris I. Stoler, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1983
98 A.D.2d 759 (N.Y. App. Div. 1983)
Case details for

Dreizen v. Morris I. Stoler, Inc.

Case Details

Full title:DAVID DREIZEN, Respondent, v. MORRIS I. STOLER, INC., Defendant and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 19, 1983

Citations

98 A.D.2d 759 (N.Y. App. Div. 1983)

Citing Cases

Siri Med. Assocs. v. Paradise Court Mgmt. Corp.

Further, there is no showing that the proof with respect to each action will overlap. Under these…

Sefranek v. Pizzo Brothers, Inc.

Fourth-party defendant Atlantic Casualty Insurance Company's motion for severance of the fourth-party action…