Todd v. Gull Contracting Co.

In a negligence action to recover damages for personal injury, in which the defendants served a third-party complaint, said defendants and third-party plaintiffs appeal from an order of the Supreme Court, Kings County, dated September 21, 1964, which, upon application of the third-party defendant pursuant to CPLR 1010 severed the third-party action from the main action. Order affirmed, with $10 costs and disbursements. Although the application for the severance was made on insufficient notice (CPLR 2212, 2214), the defect in service was waived by the appellants’ opposition to the application…