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

Appellate Terms of the Supreme Court of New York

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

33 Misc. 2d 453, 215 N.Y.S.2d 787, 1961 N.Y. Misc. LEXIS 3042

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 20, 1961

StatusPublished

Cited by3 cases

This text of 33 Misc. 2d 453 (N. & E. Greenberg's Sons, Inc. v. Peter Pan Fur Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N. & E. Greenberg's Sons, Inc. v. Peter Pan Fur Co., 33 Misc. 2d 453, 215 N.Y.S.2d 787, 1961 N.Y. Misc. LEXIS 3042 (N.Y. Ct. App. 1961).

Pincite

Opinion

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).

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

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

Order reversed, etc.

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