Opinion
April 20, 1961
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOHN J. MANGAN, J.
Joseph J. Einhorn and Patricia S. Teitel for appellant.
Marvin E. Kramer and Ronald Podolsky for defendant and third-party plaintiff-respondent.
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).
The order should be reversed, with $10 costs and the motion granted.
Concur — HECHT, J.P., HOFSTADTER and GOLD, JJ.
Order reversed, etc.