Henderson v. Wein Hardware Co.

Order entered October 15, 1975, in the Supreme Court, New York County, unanimously affirmed, with $40 costs and disbursements to third-party defendant-respondent. The order appealed from severed the third-party indemnity action based on medical malpractice from the main action brought against defendants-appellants (appellants) to recover damages for personal injuries suffered by reason of the alleged negligence of appellants. Appellants urge that the court erred in severing the third-party action and referring it to a medical malpractice panel by reason of the court’s stated belief that it…