GREENBERG'S SONS v. PETER PAN FUR CO

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.