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Hempstead Gen. Hosp. v. Liberty Mut. Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 569 (N.Y. App. Div. 1987)

Summary

In Hempstead Gen. Hosp, v. Liberty Mut. Ins. Co., 521 N.Y.S.2d 469 (2d Dep't 1987), the Second Department denied defendant's motion to sever the twenty-nine claims brought by plaintiff's.

Summary of this case from Boston Post Road Medical Imaging v. Allstate Ins. Co.

Opinion

November 30, 1987

Appeal from the Supreme Court, Nassau County (Widlitz, J.).


Ordered that the order is modified by granting that branch of the defendant's motion which was to dismiss the cause of action asserted on behalf of the plaintiffs' counsel seeking attorney's fees in the sum of $5,000. As so modified, the order is affirmed, without costs or disbursements.

The Supreme Court did not abuse its discretion in denying the defendant's request to sever the 29 claims. The joinder of the claims is proper under CPLR 1002 (a) since the claims arise out of a uniform contract of insurance and involve the interpretation of the same no-fault provisions of the Insurance Law. While the claims involved relate to separate accidents and individuals, it has been held that multiple transactions by multiple plaintiffs "do not lose their character as a series of transactions because they occurred at different places and times extending through many months" (Akely v. Kinnicutt, 238 N.Y. 466, 474). Since the issues herein involve a common question of law, such joinder is proper and severance was appropriately denied.

As to the request for a change in venue, the plaintiffs have met the statutory requirements set forth in CPLR 503 (a), (c) and (e) to support the present venue and thus the defendant's motion was properly denied.

Finally, in view of the concession in the plaintiffs' brief stating that the cause of action seeking to recover attorney's fees in the sum of $5,000 was included in error, that cause of action is hereby dismissed. Mollen, P.J., Rubin, Kooper and Sullivan, JJ., concur.


Summaries of

Hempstead Gen. Hosp. v. Liberty Mut. Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 569 (N.Y. App. Div. 1987)

In Hempstead Gen. Hosp, v. Liberty Mut. Ins. Co., 521 N.Y.S.2d 469 (2d Dep't 1987), the Second Department denied defendant's motion to sever the twenty-nine claims brought by plaintiff's.

Summary of this case from Boston Post Road Medical Imaging v. Allstate Ins. Co.

In Hempstead, the seminal case concerning joinder as against severance of multiple claims, there were 29 assignors but one sole plaintiff-assignee under the same contract of insurance and after due consideration, Appellate Division, Second Department upheld said joinder and denied severance pursuant to CPLR 1002 (a) (Hempstead General Hospital v. Liberty Mutual Ins. Co., 134 AD2d 569, 521 NYS 2d 469 [2d Dept 1987]).

Summary of this case from Colin Clarke, MD PC. v. MVAIC

In Hempstead General Hospital v Liberty Mutual Insurance Co. (134 AD2d 569 [2d Dept 1987]), a case relied upon by Alev in this action, the Appellate Court agreed with the trial court that severance was not mandated in a suit involving the single assignee of 29 assignors, specifically because all of the claims arose out of a uniform contract of insurance and involved the interpretation of the same no-fault provisions of the Insurance Law.

Summary of this case from ALEV MED. SUPPLY v. GEICO CAS. INS. CO.
Case details for

Hempstead Gen. Hosp. v. Liberty Mut. Ins. Co.

Case Details

Full title:HEMPSTEAD GENERAL HOSPITAL et al., Respondents, v. LIBERTY MUTUAL…

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

Date published: Nov 30, 1987

Citations

134 A.D.2d 569 (N.Y. App. Div. 1987)

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