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N. E. GREENBERG'S SONS, INC., Respondent, v. PETER PAN FUR CO., Defendant and Third-Party Plaintiff-Respondent

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).

The order should be reversed, with $10 costs and the motion granted.

Concur — HECHT, J.P., HOFSTADTER and GOLD, JJ.

Order reversed, etc.

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GREENBERG'S SONS v. PETER PAN FUR CO
(Apr 20, 1961)