Pierce v. International Harvester Co.

Hancock, Jr., J. (dissenting).

Whether or not a severance is to be granted here is a question that should be decided by Special Term in its discretion in the light of all the circumstances including those pertaining to the state of the trial calendar (see CPLR 1010). The factors of delay and additional expense, in my opinion, have not been shown to be sufficiently prejudicial to warrant disturbing the exercise of that discretion (see Rodriguez v St. Francis Hosp., 43 AD2d 965). Nor is it a reason for severance that the claimed culpability of International Harvester arises out of statutory…