Appellate Division, First Department · October 27, 2026 · 2026 NY Slip Op 06256
Pena v Dionisio
Read the official decision: 2026 NY Slip Op 06256
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Holding The court affirmed the denial of a motion to sever a joint damages trial because the defendant failed to demonstrate that bifurcation would prevent sufficient prejudice to outweigh the inconvenience of severance. The court noted that the issues arose from a common nucleus of facts and granted leave to refile the motion later when prejudice might be clearer.
The court’s words
Dionisio failed to show that a bifurcated damages trial would be more convenient or prevent prejudice sufficient to outweigh the inconvenience and expense of severance where the issues arise from a common nucleus of facts
2026 NY Slip Op 06256, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 27, 2026 |
| Citation | 2026 NY Slip Op 06256 |
| Area of law | Civil Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06256 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1531 |
Recommended citation
ESQ HQ, New York Law Watch, Pena v Dionisio, 2026 NY Slip Op 06256 (Appellate Division, First Department, October 27, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06256/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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