Barrett v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice and a related third-party action, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Weston, J.), dated August 10, 2015, as, sua sponte, severed the third-party action from the main action, and. denied that branch of its motion which was pursuant to 22 NYCRR 202.21 (e) to vacate the note of issue.
Ordered that on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte, severed the third-party action from the main…
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