Cole v. Long Island Lighting Co.

During the first trial, on motion of the Trial Justice, the general contractor’s third-party action was severed. The trial then proceeded and resulted in a jury disagreement as to the general contractor. Thereafter and prior to the second trial, the general contractor moved to again consolidate the main action with the third-party action. That motion was denied. Thereupon the general contractor served the vouehing-in notice upon the two subcontractors, United and Kings, calling upon them to defend the main action at their expense. Upon their motions, such notice was vacated by the order…