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AYANGBESAN v. FINKELSTEIN

Index No. 162328/15. Appeal No. 13556N. Case No. 2020-03730.

193 A.D.3d 477 (2021)

141 N.Y.S.3d 838

2021 NY Slip Op 02217

Aderonke Ayangbesan, Respondent, v. Seth Finkelstein, M.D., Appellant.

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

Decided April 8, 2021.

Attorney(s) appearing for the Case

Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Elliott J. Zucker of counsel), for appellant.

Law Office of Thomas Torto, New York ( Thomas Torto of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Mendez, JJ.

The court providently exercised its discretion in denying defendant's motion for severance. Defendant failed to show that a bifurcated trial would be either a matter of convenience or prevent prejudice so to outweigh the disfavor for severance where, as here, the issues arise from a "common nucleus of facts" (Sichel v Community Synagogue, 256 A.D.2d 276, 276 [1st Dept 1998]; see CPLR 603; Shanley v Callanan Indus.,...

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