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Hoffman v. Kew Gardens Hills Associates

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 1992
187 A.D.2d 379 (N.Y. App. Div. 1992)

Opinion

November 19, 1992

Appeal from the Supreme Court, New York County (David B. Saxe, J.).


Severance of the third-party action against third-party defendants, an insurance broker and his agency, for negligence and malpractice resulting from the insolvency of the first of two excess carriers was proper as a joint trial would result in substantial prejudice (see, Kelly v Yannotti, 4 N.Y.2d 603, 607). The severing of negligence actions from insurance coverage actions applies to brokers and agents as well as to insurance companies (see, Johnson v Berger, 171 A.D.2d 728). Although the motion was brought pursuant to CPLR 1010, the court did not err in basing its finding not only upon substantial prejudice, but also on the lack of a common question of law or fact under CPLR article 6 which is also pertinent to the propriety of a single trial for a main and third-party action (see, 2 Weinstein-Korn-Miller, N Y Civ Prac ¶¶ 603.14, 1010.05).

Concur — Carro, J.P., Rosenberger, Wallach and Ross, JJ.


Summaries of

Hoffman v. Kew Gardens Hills Associates

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 1992
187 A.D.2d 379 (N.Y. App. Div. 1992)
Case details for

Hoffman v. Kew Gardens Hills Associates

Case Details

Full title:GEULA J. HOFFMAN, Individually and as Mother and Natural Guardian of BETH…

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

Date published: Nov 19, 1992

Citations

187 A.D.2d 379 (N.Y. App. Div. 1992)
590 N.Y.S.2d 99

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