Vecciarelli v. King Pharmaceuticals, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*596Order, Supreme Court, New York County (Jane S. Solomon, J.), entered November 3, 2008, which granted defendants’ motion for severance and separation of the action into five individual actions, with related relief, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs, and the motion denied without prejudice to renewal after completion of discovery.
Where there is “a common nucleus of facts,” severance requires a showing that a joint trial will result in “prejudice or substantial delay” (see Sichel v Community Synagogue, 256 AD2d 276, 276 [1998]).…
2Cases cited4 opinions
- Sichel v. Community SynagogueAppellate Division of the Supreme Court of the State of New York · 1998
- Andresakis v. LynnAppellate Division of the Supreme Court of the State of New York · 1997
- Hickson v. Mt. Sinai Medical CenterAppellate Division of the Supreme Court of the State of New York · 1982
- Williams v. Property Services, LLCAppellate Division of the Supreme Court of the State of New York · 2004
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- Sims v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2015