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N. & E. Greenberg's Sons, Inc. v. Peter Pan Fur Co.

33 Misc. 2d 453 Court Supreme Court, Appellate Term, First Department, Decision date 1961-04-20 English

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p. 453
N. & E. Greenberg’s Sons, Inc., Respondent, v. Peter Pan Fur Co., Defendant and Third-Party Plaintiff-Respondent.
Supreme Court, Appellate Term, First Department,
April 20, 1961.
Joseph J. Einhorn and Patricia 8. Teitel for appellant. Marvin E. Kramer and Ronald Podolsky for defendant and third-party plaintiff-respondent.

While a defendant in a negligence action may implead its insurance broker who allegedly breached his agreement to provide full insurance coverage, it was error for the trial court to deny the third-party defendant’s motion to sever the main and third-party actions, as the third-party defendant would be subjected to some prejudice if both actions were tried together before the same jury (Thornton v. City of New York, 20 Misc 2d 838 ; Kelly v. Yannotti, 4 N Y 2d 603 ).

p. 454
The order should he reversed, with $10 costs and the motion granted.

Concur — Hecht, J. P., Hoestadter and Gold, JJ.

Order reversed, etc.

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