DeNOTO v. L. WOERNER, INC.


186 A.D.2d 999 (1992)

Donna DeNoto, Respondent, v. L. Woerner, Inc., et al., Defendants, and Pat Unger, Appellant

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

October 7, 1992


Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in denying defendant Unger's motion for a severance. Unger has failed to demonstrate that a joint trial will prejudice a substantial right (see, Fay v Chii Chung Wang, 134 A.D.2d 563). The negligence actions stated against the individual defendants are straightforward and are linked by a common theory of negligence...

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