Administrative
Pierrette Bahnken, Plaintiff, v. Dance Soiree, Inc., Defendant and Third-Party Plaintiff-Respondent, and Garden Jewish Center of Flushing, Inc., Respondent. John W. Dolan, Jr., Doing Business as John Dolan Insurance Agency, Third-Party Defendant-Appellant, et al., Third-Party Defendant
224 A.D.2d 567639 N.Y.S.2d 705·New York Supreme Court, Appellate Division·1996·NY
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Opinion
Pierrette Bahnken, Plaintiff, v Dance Soiree, Inc., Defendant and Third-Party Plaintiff-Respondent, and Garden Jewish Center of Flushing, Inc., Respondent. John W. Dolan, Jr., Doing Business as John Dolan Insurance Agency, Third-Party Defendant-Appellant, et al., Third-Party Defendant.
[639 NYS2d 705]
[MAJORITY]
—In an action to recover damages for personal injuries, the third-party defendant John W. Dolan, Jr., d/b/a John Dolan Insurance Agency appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated July 27, 1994, which denied his motion to sever the third-party action from the main action.
Ordered that the order is affirmed, with costs.
It appears that the court intends to try the third-party action first, so as to determine the question of insurance coverage. Thus, we see no improvident exercise of the court’s discretion in denying the motion to sever the third-party action (see, CPLR 603; see also, Harris v Manos, 181 AD2d 967). Balletta, J. P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.