Summary
The Appellate Division, Fourth Department reviewed a trial court order that granted a defendant's motion to sever two causes of action in a medical malpractice lawsuit. The appellate court determined that the record was insufficiently developed to demonstrate substantial prejudice, which is required to justify severance under CPLR 603. Consequently, the court modified the order to deny the severance motion without prejudice, noting that the issue can be reassessed after discovery is complete.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion in granting the cross‑motion to sever the first and second causes of action under CPLR 603.
Holdings
- The trial court erred; it should have denied the severance motion without prejudice because the plaintiffs failed to show substantial prejudice, and the order is modified accordingly.
Key quotations
“A court's exercise of discretion in determining a request for a severance pursuant to CPLR 603 will not be disturbed on appeal "absent [an] abuse of discretion or prejudice to a party's substantial rights".” (1307)
“The burden is on the party seeking the severance to show that a joint trial would result in substantial prejudice.” (57)
“"Once discovery is completed and the facts and issues are fully brought to light, the court can more intelligently exercise its discretion in deciding whether a severance is warranted," while considering whether potential prejudice could be prevented by jury instructions.” (242)
Factual background
Plaintiffs, the Furlongs, sued Dr. Sadashiv S. Shenoy and his professional corporation for negligence in performing a lumbar spine diagnostic procedure at Kaleida Health’s Millard Fillmore Suburban Hospital and for negligent credentialing of Dr. Shenoy after a prior finding of incompetence.
Procedural history
The trial court granted the defendants' cross‑motion to sever the two causes of action before the plaintiff had served an answer, citing CPLR 603. The plaintiffs appealed, arguing the record was insufficient to show prejudice.