Which CPLR provision governs severance of a claim, counterclaim or crossclaim?

Which CPLR provision governs severance of a claim, counterclaim or crossclaim?

• A. CPLR 304
• B. CPLR 407
• C. CPLR 410
• D. CPLR 5205

Answer: (B)

Severance is about keeping the action manageable by separating a claim, counterclaim, or cross-claim so it can be tried separately. The court has discretion to order this when it helps fairness or efficiency, such as when different issues, witnesses, or damages would make one trial unwieldy or prejudicial if everything were tried together. The rule that governs severance of a claim, counterclaim, or cross-claim is CPLR 407. It empowers the court to sever a claim or cause of action so it can be tried separately from the others in the same action, often at the request of a party or on the court’s own motion. This is distinct from consolidation, which brings claims together for a single proceeding; severance does the opposite by dividing them. For example, if one party asserts a contract claim and a personal-injury claim that would require very different witnesses and proof, the court might sever one claim to allow a more focused, efficient trial. The other provisions listed address different procedural topics, not severance in the same way.

Severance is about keeping the action manageable by separating a claim, counterclaim, or cross-claim so it can be tried separately. The court has discretion to order this when it helps fairness or efficiency, such as when different issues, witnesses, or damages would make one trial unwieldy or prejudicial if everything were tried together.

The rule that governs severance of a claim, counterclaim, or cross-claim is CPLR 407. It empowers the court to sever a claim or cause of action so it can be tried separately from the others in the same action, often at the request of a party or on the court’s own motion. This is distinct from consolidation, which brings claims together for a single proceeding; severance does the opposite by dividing them.

For example, if one party asserts a contract claim and a personal-injury claim that would require very different witnesses and proof, the court might sever one claim to allow a more focused, efficient trial. The other provisions listed address different procedural topics, not severance in the same way.