De Luca v. Schlesinger

Appeal by third-party defendant, New Jersey Manufacturers Insurance Company, as limited by its brief, from so much of an order of the Supreme Court, Kings County, dated August 4, 1970, as denied its cross motion to sever the third-party action, with leave to apply to the trial court for the same relief. Order modified, insofar as appealed from, with $10 costs and disbursements against respondent Lipton, by striking the fourth ordering paragraph and substituting therefor a provision that the cross motion is granted. The third-party defendant had disclaimed liability as to the defendant…