Contracts · MBE-tested
Starlene Robles et al., Plaintiffs, v. Microtech Contracting Corp. et al., Defendants. (And a Third-Party Action.); Qwest Communications Company, LLC, Formerly Known as Qwest Communications Corporation, Second Third-Party Plaintiff-Appellant, v. Kajima Construction Services, Inc., et al., Second Third-Party Defendants-Respondents
90 A.D.3d 531934 N.Y.S.2d 302·New York Supreme Court, Appellate Division·2011·NY
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Opinion
Starlene Robles et al., Plaintiffs, v Microtech Contracting Corp. et al., Defendants. (And a Third-Party Action.) Qwest Communications Company, LLC, Formerly Known as Qwest Communications Corporation, Second Third-Party Plaintiff-Appellant, v Kajima Construction Services, Inc., et al., Second Third-Party Defendants-Respondents.
[934 NYS2d 302]
[MAJORITY]
The court properly exercised its discretion in severing the second third-party action against Tokio Marine from the main action to avoid the prejudice that would result from the jury’s awareness of the existence of liability insurance (see Kelly v Yannotti, 4 NY2d 603, 607 [1958]; Chunn v New York City Hous. Auth., 55 AD3d 437 [2008]). Concur — Tom, J.P., Friedman, Freedman, Richter and Manzanet-Daniels, JJ.