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DREIZEN v. MORRIS I. STOLER, INC.

98 A.D.2d 759 (1983)

David Dreizen, Respondent, v. Morris I. Stoler, Inc., Defendant and Third-Party Plaintiff-Appellant. Hartford Fire Insurance Co., Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

December 19, 1983

Order affirmed, with costs.

Special Term properly exercised its discretion in directing a severance. It is evident that Hartford, an insurance company, would be subject to at least some prejudice if both the main action and the third-party action were to be tried before the same jury (Kelly v Yannotti, 4 N.Y.2d 603; Schwartz v Woodner & Co., 40 A.D.2d 1027; Rauch v Berlin...

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