Appellate Division of the Supreme Court of New York, 1997

Andresakis v. Lynn

Appellate Division of the Supreme Court of New York · Decided February 11, 1997

236 A.D.2d 252; 653 N.Y.S.2d 559

Cases that cite this one

6 later published cases cite this decision.

Vecciarelli v. King Pharmaceuticals, Inc. (Appellate Division of the Supreme Court of New York 2010)
Connecticut Indemnity Co. v. David L. Hoexter, D.M.D.P.C. (Appellate Division of the Supreme Court of New York 2007)
Williams v. Property Services, LLC (Appellate Division of the Supreme Court of New York 2004)
Hopper v. Regional Scaffolding & Hoisting Co. (Appellate Division of the Supreme Court of New York 2000)
Rothstein v. Milleridge Inn, Inc. (Appellate Division of the Supreme Court of New York 1998)
Sichel v. Community Synagogue (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Orders, Supreme Court, New York County (Beverly Cohen, J.), entered on or about July 23, 1996 and August 14, 1996, which denied second third-party defendant Levinsky’s motions to sever the second third-party action from the main and third-party actions, unanimously affirmed, without costs.

In this dental malpractice action, plaintiffs allegedly were injured as a result of treatment rendered by three defendant dentists employed in the office of a fourth defendant dentist. Clearly, there are common issues of law and fact concerning plaintiffs’ alleged damages. It is apparent that part of the defense of each of the defendants will be that it was the treatment rendered by his colleague(s) which led to plaintiffs’ alleged injuries. The same medical evidence and the testimony of common witnesses can be anticipated whether the actions are tried jointly or separately, and appellant fails to demonstrate that prejudice to a substantial right would result in the absence of a severance (Shanley v Callarian Indus., 54 NY2d 52, 57; Dolce v Jones, 145 AD2d 594). Concur—Sullivan, J. P., Rosenberger, Ellerin and Williams, JJ.

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