D'Apice v. Tishman 919 Corp.

Order, Supreme Court, Bronx County, entered on or about November 16, 1972, which denied a motion for severance of the third-party complaint as against the defendant Employers Liability Assurance Corp., unanimously reversed, on the law and the facts and in the exercise of discretion, the motion granted and the third-party complaint severed as against defendant the Employers Liability Assurance Corporation, Limited. Appellant shall recover of third-party plaintiff-respondent $40 costs and disbursements of this appeal. The main action is one sounding in negligence and the third-party action…