Rapini v. New Plan Excel Realty Trust, Inc.

Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered January 30, 2003. The order granted plaintiffs’ motion to sever the claims and cross claims against defendant KMart Corporation from those asserted against defendant New Plan Excel Realty Trust, Inc. in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We conclude that Supreme Court properly granted plaintiffs’ motion to sever the claims and cross claims against defendant KMart Corporation (KMart) from…