Robles v. Microtech Contracting Corp. (90 A.D.3d 531, 2011)

The court properly exercised its discretion in severing the second third-party action against Tokio Marine from the main action to avoid the prejudice that would result from the jury’s awareness of the existence of liability insurance (see Kelly v Yannotti, 4 NY2d 603, 607 [1958]; Chunn v New York City Hous. Auth., 55 AD3d 437 [2008]). Concur — Tom, J.P., Friedman, Freedman, Richter and Manzanet-Daniels, JJ.