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DeCONGILIO v. GREENMAN

125 A.D.2d 535 (1986)

Vincent DeCongilio et al., Plaintiffs, v. Selma Greenman, as Executrix of Lowey Greenman, Sued Herein as Lowery Greenman, Deceased, Appellant, and Osteopathic Hospital and Clinic of New York, Inc., et al., Respondents

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

December 22, 1986

Ordered that the order is reversed insofar as appealed from, with costs, and the cross motion for a severance is denied.

No prejudice to a substantial right of any party was demonstrated so as to require a severance. The circumstances herein are of the type which are better suited to resolution in a single trial. As has been noted, "if the cases are tried separately each defendant will try to place the blame on the other

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