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Golfo v. Loevner

Appellate Division of the Supreme Court of New York, Second Department
May 10, 2004
7 A.D.3d 568 (N.Y. App. Div. 2004)

Opinion

2003-06608.

Decided May 10, 2004.

In an action to recover damages for personal injuries (Action No. 1), and an action to recover damages for negligence and breach of contract (Action No. 2), Whitman Group, Ltd., the defendant in Action No. 2, appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated May 28, 2003, which granted the motion of the plaintiff in Action No. 1 for a joint trial of Action Nos. 1 and 2.

L'Abbate, Balkan, Colavita Contini, LLP, Garden City, N.Y. (Gary Petropoulos of counsel), for appellant.

William F. Andes, Jr., Riverhead, N.Y., for plaintiff-respondent in Action No. 1.

Glynn and Mercep, LLP, Stony Brook, N.Y. (Bradley C. Abbott of counsel), for plaintiff-respondent in Action No. 2.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion is denied.

The Supreme Court erred in granting the motion of the plaintiff in Action No. 1 for a joint trial of Action No. 1, an action to recover damages for personal injuries sustained on a boat, and Action No. 2, an action to recover damages for the negligent failure to provide adequate liability and casualty insurance coverage for the boat and for breach of contract, since the two actions do not involve common questions of law or fact ( see CPLR 602[a]; Johnson v. Berger, 171 A.D.2d 728; Dreizen v. Morris I. Stoler, Inc., 98 A.D.2d 759). Moreover, a joint trial of these two actions could result in substantial prejudice to the defendants in Action No. 2 ( see Kelly v. Yannotti, 4 N.Y.2d 603; Paramount Ins. Co. v. Rosedale Gardens, 293 A.D.2d 235; Schorr Bros. Dev. Corp. v. Continental Ins. Co., 174 A.D.2d 722; Dreizen v. Morris I. Stoler, Inc., supra). Accordingly, the motion should have been denied.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.


Summaries of

Golfo v. Loevner

Appellate Division of the Supreme Court of New York, Second Department
May 10, 2004
7 A.D.3d 568 (N.Y. App. Div. 2004)
Case details for

Golfo v. Loevner

Case Details

Full title:ANTOINETTE GOLFO, plaintiff-respondent, v. RICHARD LOEVNER…

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

Date published: May 10, 2004

Citations

7 A.D.3d 568 (N.Y. App. Div. 2004)
777 N.Y.S.2d 159

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