¶1The court properly exercised its discretion in severing the second third-party action against Tokio Marine from the main action to avoid the prejudice that would result from the jury’s awareness of the existence of liability insurance (see Kelly v Yannotti, 4 NY2d 603, 607 [1958]; Chunn v New York City Hous. Auth., 55 AD3d 437 [2008]). Concur — Tom, J.P., Friedman, Freedman, Richter and Manzanet-Daniels, JJ.
90 A.D.3d 531
Robles v. Microtech Contracting Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2011
Appellate Division of the Supreme Court of the State of New York · decided 2011-12-15
Decided 2011-12-15