Summary
In Johnson v Berger (171 AD2d 728, 729 [2d Dept 1991]), the Court held that the lower court erred in directing a joint trial of a legal malpractice action and an action by one of the defendants against his professional liability insurance agent.
Summary of this case from Gateway II LLC v. Hartford Fire Ins. Co.Opinion
March 11, 1991
Appeal from the Supreme Court, Queens County (Joy, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the plaintiffs in Action No. 3 which was for a joint trial of Action Nos. 1 and 3 is denied.
The Supreme Court erred in directing a joint trial of Action No. 1, a legal malpractice action, and Action No. 3, a negligence action brought by one of the defendants in Action No. 1 against his professional liability insurance agent, for the purpose of trial, as those actions do not involve common questions of law or fact (see, CPLR 602 [a]). Moreover, a joint trial of those actions could result in substantial prejudice (see, Marx v Minasi, 43 A.D.2d 943; Schwartz v Woodner Co., 40 A.D.2d 1027). Thus, reversal is warranted. Bracken, J.P., Brown, O'Brien and Ritter, JJ., concur.