Insetta v. Cirillo Bros. Petroleum Co.

tfkis motion hjt the third-party plaintiff to strifes the interrogatories served hy the third-party defendant is denied.

*486The main action is one to recover damages for personal injuries, in which defendant, as third-party plaintiff, instituted its third-party action praying for a declaratory judgment concerning issues of insurance coverage with regard to the respective parties.

A motion made by the third-party defendant for an order severing the third-party action from the main action for purpose of trial was granted on default on September 19,1968.

CPLR 3130 excludes the use of interrogatories…