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DELGROSSO v. EXIMPERIUM CORP.

7 A.D.2d 627 (1958)

Lena Delgrosso, as Administratrix of The Estate of Mario Delgrosso, Deceased, Respondent, v. Eximperium Corporation, Defendant and Third-Party Plaintiff-Appellant. Longchamps, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

November 5, 1958

The order at Special Term is modified in the exercise of discretion to delete all reference to a severance of the action and to provide for a trial of the issues of negligence, freedom from contributory negligence and damage as raised by the pleadings in the main action and thereafter for a trial before another jury on framed issues as presented by the pleadings in the third-party action. In this posture of procedure, the question of prejudice becomes academic. The order...

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