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TO AVOID CONFUSION, SEVERANCE OF CLAIMS WAS PERMITTED

In Adamow v. Northport-East Northport Union Free School District, Mark A. and others filed a lawsuit in Suffolk County Supreme Court seeking compensation for personal injuries suffered due to the alleged exposure to toxic contaminants at Northport Middle School.

When the Northport-East Northport Union Free School District later filed a motion to sever the causes of action of each plaintiff for trial -- arguing that the individual issues specific to each plaintiff's circumstances would make a single trial confusing and unwieldy -- the judge assigned to the matter denied that request.

On appeal, the Appellate Division, Second Department, reversed the lower court's determination. It found severance appropriate to avoid prejudice and in the interest of convenience. It also noted that individual issues predominated in the plaintiffs' claims, and a single trial would likely confuse the jury. The court emphasized the importance of addressing each plaintiff's unique circumstances separately to ensure a fair and manageable trial process.

Now that wasn’t unique at all.

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DECISION

A. v Northport-East Northport Union Free Sch. Dist.

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