MONIZ v. NAT'L CONSTRUCTORS, INC.


278 A.D. 855 (1951)

Everett Moniz et al., Doing Business as Moniz and Jeannetti, Respondents, v. National Constructors, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 21, 1951.


Upon defendant's appeal from the judgment and the order of severance, the judgment and order are reversed upon the law and the facts, the motion for a severance denied, and a new trial granted, with costs to appellant to abide the event.

It is our opinion that the matters alleged in the counterclaim are directly connected with the cause of action alleged in the complaint and a separate trial thereof cannot be had without prejudice to a substantial right of defendant...

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