KELLY v. YANNOTTI


6 A.D.2d 1046 (1958)

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. Ætna Casualty & Surety Company, Third-Party Defendant-Appellant

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

October 6, 1958


Upon remission of this appeal from the Court of Appeals for further proceeding in accordance with the opinion of said court, order of the Supreme Court entered February 26, 1957, denying appellant's motion to sever the main action from the third-party action and for separate trials thereof, reversed, without costs, and motion granted. (Cf. Kelly v. Yannotti, 4 N.Y.2d 603

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