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VECCIARELLI v. KING PHARMACEUTICALS, INC.

2459N, 100879/08

71 A.D.3d 595 (2010)

899 N.Y.S.2d 14

LORETTA VECCIARELLI et al., Appellants, v. KING PHARMACEUTICALS, INC., et al., Respondents.

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

Decided March 30, 2010.

Where there is "a common nucleus of facts," severance requires a showing that a joint trial will result in "prejudice or substantial delay" (see Sichel v Community Synagogue, 256 A.D.2d 276, 276 [1998]). Defendants in this employment discrimination action had the burden of making that showing (see Andresakis v Lynn, 236 A.D.2d 252 [1997]) in seeking severance immediately after...

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