Appellate Division of the Supreme Court of New York, 1996

Bahnken v. Dance Soiree, Inc.

Bahnken v. Dance Soiree, Inc.
Appellate Division of the Supreme Court of New York · Decided February 20, 1996
224 A.D.2d 567; 639 N.Y.S.2d 705; 1996 N.Y. App. Div. LEXIS 1422
Bahnken v. Dance Soiree, Inc.

Opinion of the Court

—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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.