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GREENBERG'S SONS v. PETER PAN FUR CO.

33 Misc.2d 453 (1961)

N. & E. Greenberg's Sons, Inc., Respondent, v. Peter Pan Fur Co., Defendant and Third-Party Plaintiff-Respondent.

Supreme Court, Appellate Term, First Department.

April 20, 1961

Attorney(s) appearing for the Case

Joseph J. Einhorn and Patricia S. Teitel for appellant. Marvin E. Kramer and Ronald Podolsky for defendant and third-party plaintiff-respondent.

Concur — HECHT, J. P., HOFSTADTER and GOLD, JJ.

Per Curiam.

While a defendant in a negligence action may implead its insurance broker who allegedly breached his agreement to provide full insurance coverage, it was error for the trial court to deny the third-party defendant's motion to sever the main and third-party actions, as the third-party defendant would be subjected to some prejudice if both actions were tried together before the same jury (Thornton v. City of New York, 20...

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