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TAYLOR v. FAZIO

291 A.D.2d 293 (2002)

737 N.Y.S.2d 294

GARY TAYLOR, Appellant, v. RICHARD FAZIO et al., Defendants, and TYRONE L. HOLMAN et al., Respondents.

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

Decided February 19, 2002.

The motion court properly exercised its discretion in severing the cause of action for no-fault benefits against defendant Kemper Insurance Company from the negligence cause of action asserted against its codefendants. Without such severance, the issue of insurance would have been injected into the negligence case, an inherently prejudicial and thus prudently avoided circumstance (see, Krieger v Insurance Co. of N. Am., 66 A.D.2d 1025

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