Fay v. Wang

Full title: ELVIRA L. FAY et al., Appellants, v. CHII CHUNG WANG et al., Respondents

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

Date published: Nov 30, 1987

134 A.D.2d 563 (N.Y. App. Div. 1987)

Opinion

November 30, 1987

Appeal from the Supreme Court, Orange County (Ingrassia, J.).

Ordered that the order is affirmed, insofar as appealed from, with costs.

The decision whether to order a severance of claims is one which rests in the sound discretion of the trial court, and it will be upheld on appeal absent a demonstration of abuse of discretion or prejudice to a substantial right (see, County of Chenango Indus. Dev. Agency v. Lockwood Greene Engrs., 111 A.D.2d 508; Morford v. Sulka Co., 79 A.D.2d 502). There has been no showing of an abuse of discretion or prejudice to a substantial right here. Thompson, J.P., Niehoff, Rubin and Sullivan, JJ., concur.