KELLY v. YANNOTTI


4 A.D.2d 767 (1957)

John J. Kelly et al., Respondents, v. Chester Yannotti et al., Copartners Doing Business under the Name of Y. & F. Landscaping Company, Defendants, and Y. & F. Landscaping Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Aetna Casualty & Surety Company, Third-Party Defendant-Appellant

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

July 1, 1957


Order affirmed, with $10 costs and disbursements.

No opinion.

Murphy and Ughetta, JJ., dissent and vote to reverse and to grant the motion, with the following memorandum:

After the answer to the third-party complaint had been served, the motion to sever the issues raised thereby so that there might be separate trials was made, on the sole ground that the case would be tried before a jury and that the question of insurance necessarily being before the...

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