Robert Fein, Esquire of Marks, O’Neill’s Westchester County office successfully obtained a significant procedural victory in an orthopedic malpractice action before New York’s Appellate Division, Second Department.  Mr. Fein persuasively argued that defendant physician’s medical malpractice action should be severed from two other actions that did not share common questions of law or fact. Mr. Fein argued that plaintiff’s three actions; a prior slip and fall on snow and ice, a medical malpractice action and a subsequent motor vehicle accident, should not be consolidated for joint trial even though the cases involved certain similar injuries.  As a result, defendant doctor’s action will not be tried with other actions involving more serious injuries.