N. & E. Greenberg's Sons, Inc., Respondent, v. Peter Pan Fur Co., Defendant and Third-Party Plaintiff-Respondent

N. & E. Greenberg’s Sons, Inc., Respondent, v. Peter Pan Fur Co., Defendant and Third-Party Plaintiff-Respondent. Supreme Court, Appellate Term, First Department, April 20, 1961. Joseph J. Einhorn and Patricia 8. Teitel for appellant. Marvin E. Kramer and Ronald Podolsky for defendant and third-party plaintiff-respondent. [MAJORITY — Per Curiam.] Per Curiam. While a defendant in a negligence action may implead its insurance broker who allegedly breached his agreement to provide full insurance coverage, it was error for the trial court to deny the third-party defendant’s motion to sever the main and third-party actions, as the third-party defendant would be subjected to some prejudice if both actions were tried together before the same jury (Thornton v. City of New York, 20 Misc 2d 838; Kelly v. Yannotti, 4 N Y 2d 603). The order should he reversed, with $10 costs and the motion granted. Concur — Hecht, J. P., Hoestadter and Gold, JJ. Order reversed, etc.