Majority
p. 531Starlene 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. [934 NYS2d 302]
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 NY2d 603 , 607 [1958]; Chunn v New York City Hous. Auth., 55 AD3d 437 [2008]). Concur — Tom, J.P., Friedman, Freedman, Richter and Manzanet-Daniels, JJ.
Cases cited
- Kelly v. Yannotti 4 NY2d 603 at 607 p. 531
- Chunn v. New York City Housing Authority 55 AD3d 437 p. 531