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FURIA v. MELLUCCI

143 Misc.2d 596 (1989)

Enrico Furia et al., Plaintiffs, v. Sabato Mellucci et al., Defendants. Melvit Construction Corporation, Third-Party Plaintiff, v. Top View Construction Company, Third-Party Defendant.

Supreme Court, Bronx County.

May 15, 1989

Attorney(s) appearing for the Case

Gerard V. Stapleton for Enrico Furia, plaintiff. Nobile, Magarian & DiSalvo (Ralph R. Nobile of counsel), for Sabato Mellucci, defendant. Griffen, Letsen, Coogan & Veneruso, P. C. (Royden A. Letsen of counsel), for Yonkers Put Locks Company, Inc., defendant. Langan & Levy (Peter E. Finning of counsel), for Melvit Construction Corporation, defendant and third-party plaintiff. Esposito, Giordano & Buchicchio (Michael F. Buchicchio of counsel), for third-party defendant.

LEWIS R. FRIEDMAN, J.

It is the well-established rule in this State that "whether a defendant has or has not obtained insurance is irrelevant to the issues, and, since highly prejudicial, therefore, inadmissible." (Leotta v Plessinger, 8 N.Y.2d 449, 461; Simpson v Foundation Co., 201 N.Y. 479, 490; Van Romapaye Trucking Corp. v Heebner, 85 N.Y.S.2d 347...

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