Legal Opinion

Guilford v. Netter

Appellate Division of the Supreme Court of the State of New York

Decided January 27, 1992PublishedCited by 9 opinions

1Opinion of the Court

The court erred in exercising its discretion in granting the motion for a severance. No prejudice to a substantial right of *802any party was demonstrated requiring a severance. The circumstances of this case are of the type that are suited for resolution in a single trial, as separate trials with different juries present the likely possibility of inconsistent verdicts (see, Philippson v Hexalon Real Estate, 111 AD2d 126, 127; Okin v White Plains Hosp., 97 AD2d 399). Moreover, the factual and legal questions involved in the causes of action against the defendants are sufficiently related so that…

2Cases cited3 opinions

  1. Shanley v. Callanan Industries, Inc.New York Court of Appeals · 1981
  2. Okin v. White Plains HospitalAppellate Division of the Supreme Court of the State of New York · 1983
  3. Philippson v. Hexalon Real Estate, Inc.Appellate Division of the Supreme Court of the State of New York · 1985

3Cited by9 opinions

  1. Curreri v. Heritage Property Investment Trust, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Naylor v. Knoll Farms of Suffolk County, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Chenango Mutual Insurance v. CharlesAppellate Division of the Supreme Court of the State of New York · 1997
  4. McCrimmon v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2003
  5. Mothersil v. Town Sports InternationalAppellate Division of the Supreme Court of the State of New York · 2005

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