Schwartz v. Jonathan Woodner & Co.

In a negligence action to recover damages for personal injuries, etc., one of the two third-party defendants, Greater New York Mutual Insurance Company' appeals from an order of the Supreme Court, Queens County, dated June 3, 1971, which denied its motion, pursuant to CPLR 603, to sever the third-party action against it. Order reversed, with $20 costs and disbursements, and motion granted. The third-party complaint as against appellant is grounded on an insurance policy allegedly indemnifying the defendant third-party plaintiff against a tort claim such as that underlying plaintiffs’…