Hoffman v. Kew Gardens Hills Associates

Order, Supreme Court, New York County (David B. Saxe, J.), entered December 31, 1991, which granted third-party defendants’ motion to sever the third-party action from the main action, unanimously affirmed, with costs.

Severance of the third-party action against third-party defendants, an insurance broker and his agency, for negligence and malpractice resulting from the insolvency of the first of two excess carriers was proper as a joint trial would result in substantial prejudice (see, Kelly v Yannotti, 4 NY2d 603, 607). The severing of negligence actions from insurance coverage actions…