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MANCUSO v. BELLERIVE

50 A.D.2d 802 (1975)

John Mancuso et al., Plaintiffs, v. Theodore J. Bellerive et al., Defendants; Miscoe Spring Beverage Co., Inc., Defendant and Third-Party Plaintiff-Respondent; American Motorists Insurance Company, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 1975

Order reversed, with $50 costs and disbursements, and motion granted.

Under the facts in this case, a trial of all causes of action before the same jury would subject the third-party defendant to some prejudice (Kelly v Yannotti, 4 N.Y.2d 603; De Luca v Schlesinger, 39 A.D.2d 566).

Shapiro, J., dissents and votes to affirm the order appealed from, with the following...

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