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Starlene Robles v. Microtech Contracting Corp., (And a Third-Party Action.) Qwest Communications Company, LLC, Formerly Known as Qwest Communications Corporation, Second Third-Party v. Kajima Construction Services, Inc., Second Third-Party Defendants-Respondents
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.