HOFFMAN v. KEW GARDENS HILLS ASSOCS.


187 A.D.2d 379 (1992)

Geula J. Hoffman, Individually and as Mother and Natural Guardian of Beth Hoffman and Another, Infants, Plaintiff, v. Kew Gardens Hills Associates et al., Defendants and Third-Party Plaintiffs-Appellants. Leonard Newman Agency, L.P., et al., Third-Party Defendants-Respondents

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

November 19, 1992


Severance of the third-party action against third-party defendants, an insurance broker and his agency, for negligence and malpractice resulting from the insolvency of the first of two excess carriers was proper as a joint trial would result in substantial prejudice (see, Kelly v Yannotti, 4 N.Y.2d 603, 607). The severing of negligence actions from insurance coverage actions applies to brokers and agents as well as to insurance...

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