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SCHORR BROS. DEV. CORP. v. CONTINENTAL INS

Appellate Division of the Supreme Court of New York, Second Department.
Jun 24, 1991

Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and the cross motion is granted to the extent that it is directed that the third-party action be tried separately.

It has long been recognized that it is inherently prejudicial to third-party defendant insurers to have the issue of insurance coverage tried before the jury that considers the underlying liability claims (see, Kelly v Yannotti, 4 N.Y.2d 603; Dreizen v Morris I. Stoler, Inc., 98 A.D.2d 759; Mancuso v Bellerive, 50 A.D.2d 802; Schwartz v Woodner Co., 40 A.D.2d 1027). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.