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ROBLES v. MICROTECH CONTRACTING CORP.

6372N, 8242/05, 83695/09, 84140/09

90 A.D.3d 531 (2011)

934 N.Y.S.2d 302

2011 NY Slip Op 9038

STARLENE ROBLES et al., Plaintiffs, v. MICROTECH CONTRACTING CORP. et al., Defendants. (And a Third-Party Action.) QWEST COMMUNICATIONS COMPANY, LLC, Formerly Known as QWEST COMMUNICATIONS CORPORATION, Second Third-Party Plaintiff-Appellant, v. KAJIMA CONSTRUCTION SERVICES, INC., et al., Second Third-Party Defendants-Respondents.

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

Decided December 15, 2011.

The court properly exercised its discretion in severing the second third-party action against Tokio Marine from the main action to avoid the prejudice that would result from the jury's awareness of the existence of liability insurance (see Kelly v Yannotti, 4 N.Y.2d 603, 607 [1958]; Chunn v New York City Hous. Auth., 55 A.D.3d 437

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