Appellate Division of the Supreme Court of New York, 1958

Kelly v. Yannotti

Kelly v. Yannotti
Appellate Division of the Supreme Court of New York · Decided October 6, 1958
6 A.D.2d 1046; 179 N.Y.S.2d 653; 1958 N.Y. App. Div. LEXIS 4671
Kelly v. Yannotti

Opinion of the Court

Upon remission of this appeal from the Court of Appeals for further proceeding in accordance with the opinion of said court, order of the Supreme Court entered February 26, 1957, denying appellant’s motion to sever the main action from the third-party action and for separate trials thereof, reversed, without costs, and motion granted. (Cf. Kelly v. Yannotti, 4 N Y 2d 603.) Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ., concur.

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