September 2, 2008

Astoria Quality Med. Supply v State Farm Mut. Auto. Ins. Co. (2008 NY Slip Op 51855(U))

Headnote

The court considered the plaintiff's action to recover no-fault benefits as assignee of three individuals and the defendant's motion to sever the causes of action into separate actions due to three separate and distinct claims involving different questions of fact and law. The main issue was whether the claims, arising out of three separate motor vehicle accidents and three insurance policies, should be severed into separate actions. The court held that the decision to grant severance was an exercise of judicial discretion and that, in the absence of a party's showing of prejudice to a substantial right, should not be disturbed on appeal. The court further held that the particular facts relating to each claim at issue were likely to raise few, if any, common issues of law or fact, and that a single trial involving different sets of facts regarding three underlying accidents and injuries would pose the danger of being unwieldy and confusing. Therefore, the court affirmed the order granting defendant's motion to sever the causes of action.

Reported in New York Official Reports at Astoria Quality Med. Supply v State Farm Mut. Auto. Ins. Co. (2008 NY Slip Op 51855(U))

Astoria Quality Med. Supply v State Farm Mut. Auto. Ins. Co. (2008 NY Slip Op 51855(U)) [*1]

Astoria Quality Med. Supply v State Farm Mut. Auto. Ins. Co.

2008 NY Slip Op 51855(U) [20 Misc 3d 144(A)]

Decided on September 2, 2008

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 2, 2008

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2007-512 K C.

Astoria Quality Medical Supply a/a/o Reuven Hafizov, Perez Zuhila Carmen, And Juan Alvarez, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered January 24, 2007. The order granted defendant’s motion to sever multiple causes of action.

Order affirmed without costs.

Plaintiff commenced this action to recover no-fault benefits as assignee of three individuals. Defendant moved, pursuant to CPLR 603, to sever the causes of action into separate actions, arguing that there are three separate and distinct claims involving different questions of fact and law. The court below granted the motion. This appeal by plaintiff ensued.

The decision to grant severance (see CPLR 603) is an exercise of judicial discretion which, in the absence of a party’s showing of prejudice to a substantial right should not be disturbed on appeal (King’s Med. Supply, Inc. v GEICO Cas. Ins. Co., 14 Misc 3d 136[A], 2007 NY Slip Op 50232[U] [App Term, 2d & 11th Jud Dists 2007]). In the instant matter, the claims arose out of three separate motor vehicle accidents and three insurance policies were at issue. The particular facts relating to each claim at issue are likely to raise few, if any, common issues of law or fact (see Radiology Resource Network, P.C. v Fireman’s Fund Ins. Co., 12 AD3d 185 [2004]; Ladim DME, Inc. v GEICO Gen. Ins. Co., 15 Misc 3d 139[A], 2007 NY Slip Op 50997[U] [App Term, 2d & 11th Jud Dists 2007]; S.I.A. Med. Supply Inc. v GEICO Ins. Co., 8 Misc 3d 134[A], 2005 NY Slip Op 51170[U] [App Term, 2d & 11th Jud Dists 2005]; Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp., 6 Misc 3d 136[A], 2005 NY Slip Op 50238[U] [App Term, 2d & 11th Jud Dists 2005]). A single trial involving different sets of facts regarding three underlying accidents and injuries would pose the danger of being unwieldy [*2]and confusing (see King’s Med. Supply, Inc. v GEICO Cas. Ins. Co., 14
Misc 3d 136[A], 2007 NY Slip Op 50232[U] [2007], supra). Accordingly, the order granting defendant’s motion to sever the causes of action is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: September 02, 2008