RIVERA v. RICCIARDI


264 A.D.2d 442 (1999)

693 N.Y.S.2d 454

VICTORIA RIVERA, Respondent, v. DANIEL RICCIARDI, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. NEW YORK CITY HEALTH & HOSPITALS CORPORATION et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided August 16, 1999.


Ordered that the order is reversed, with one bill of costs, and the motion is denied.

The Supreme Court improvidently exercised its discretion in granting the motion for a severance as, under the circumstances of this case, separate trials before different juries would present the possibility of inconsistent verdicts. Moreover, the factual and legal questions involved in the causes of action against the defendants and third-party defendants are sufficiently related...

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