A/S GRINDSTEDVAERKET v. EUROPEAN CHEM. CO. INC.


2 A.D.2d 672 (1956)

A/S Grindstedvaerket, a Corporation, Respondent, v. European Chemical Co. Inc., Defendant-Appellant, and Third-Party Plaintiff-Appellant. J. H. Bauminger, Inc., Third-Party Defendant-Respondent

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

June 19, 1956


The factual issues to be tried in the third-party action and the main action are for all intents and purposes the same and it would therefore seem advisable that there be one rather than two separate trials — possibly with inconsistent results. The fact that some delay might be involved if the actions are not severed is not controlling particularly in view of the circumstance that there was a delay of four and one-half years in commencing the action.

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