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Redanz v. Kuntz

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 27, 1984
99 A.D.2d 654 (N.Y. App. Div. 1984)

Opinion

January 27, 1984

Appeal from the Supreme Court, Monroe County, Erwin, J.

Present — Hancock, Jr., J.P., Doerr, Green, O'Donnell and Moule, JJ.


Order unanimously reversed, without costs, and motion denied. Memorandum: Special Term erred in ordering consolidation of an action for personal injury and property damage with an action for a declaratory judgment to determine whether an insurance company has a duty to defend the defendant in the first action. The prejudice inherent in a situation of this sort should be avoided (see Kelly v Yannotti, 4 N.Y.2d 603, 607-608; Krieger v Insurance Co., 66 A.D.2d 1025, 1026; Pierce v International Harvester Co., 65 A.D.2d 254, 258; McDavid v Gunnigle, 50 A.D.2d 737, 738; D'Apice v Tishman 919 Corp., 43 A.D.2d 925). Defendant's request for a stay of the personal injury action until the declaratory judgment action is decided should be addressed to the Calendar Judge.


Summaries of

Redanz v. Kuntz

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 27, 1984
99 A.D.2d 654 (N.Y. App. Div. 1984)
Case details for

Redanz v. Kuntz

Case Details

Full title:DONALD REDANZ, Respondent, v. RAYMOND C. KUNTZ, Defendant. (Action No. 1.…

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

Date published: Jan 27, 1984

Citations

99 A.D.2d 654 (N.Y. App. Div. 1984)

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