Young v. Peone

In this action for negligence, plaintiff moves for an order severing the action against the individual defendant, Peone, and for a hearing on the assessment of damages because of the individual defendant’s default in answering.

The plaintiff was injured in an accident while a passenger in the truck owned by the defendant Olin Construction Co., Inc., and being operated by its employee, the defendant Peone,

*699A severance may be granted in certain situations such as this, pursuant to CPLR 603 when, in the discretion of the court, it appears it will not prejudice a substantial right. The situation…