Mancuso v. Bellerive

— In a negligence action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Kings County, dated May 6, 1975, which denied its motion for a severance of the third-party action. Order reversed, with $50 costs and disbursements, and motion granted. Under the facts in this case, a trial of all causes of action before the same jury would subject the third-party defendant to some prejudice (Kelly v Yannotti, 4 NY2d 603; Be Luca v Schlesinger, 39 AD2d 566). Hopkins, Acting P. J., Cohalan, Christ and Brennan, JJ., concur; Shapiro, J.,…