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Appellate Terms of the Supreme Court of New York, 1961

N. & E. Greenberg's Sons, Inc. v. Peter Pan Fur Co.

N. & E. Greenberg's Sons, Inc. v. Peter Pan Fur Co.
Appellate Terms of the Supreme Court of New York · Decided April 20, 1961
33 Misc. 2d 453; 215 N.Y.S.2d 787; 1961 N.Y. Misc. LEXIS 3042

Counsel

Joseph J. Einhorn and Patricia 8. Teitel for appellant. Marvin E. Kramer and Ronald Podolsky for defendant and third-party plaintiff-respondent.

N. & E. Greenberg's Sons, Inc. v. Peter Pan Fur Co.

Opinion of the Court

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).

*454The order should he reversed, with $10 costs and the motion granted.

Concur — Hecht, J. P., Hoestadter and Gold, JJ.

Order reversed, etc.

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