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ABBONDANDOLO v. HITZIG, M.D.

282 A.D.2d 224 (2001)

724 N.Y.S.2d 26

GREGORY T. ABBONDANDOLO et al., Appellants-Respondents, v. GARY HITZIG, M.D., et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 5, 2001.

The court properly severed the separate claims of the 65 individual plaintiffs. While it may be true that plaintiffs will to some extent rely on the same evidence, the record indicates nonetheless that "individual issues predominate, concerning particular circumstances applicable to each plaintiff so as to preclude the direction of a joint trial" (Bender v Underwood, 93 A.D.2d 747, 748). Moreover, "the resulting and cumulative prejudice...

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