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COLE v. LONG ISLAND LIGHTING CO.

14 A.D.2d 922 (1961)

William J. Cole, Jr., et al., Plaintiffs, v. Long Island Lighting Company et al., Defendants, and Caye Construction Co., Inc., Defendant-Appellant and Third-Party Plaintiff-Appellant. United Cast Stone Co. et al., Third-Party Defendants-Respondents

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

November 27, 1961

Order, insofar as appealed from, affirmed, with $10 costs and disbursements.

The main action as between plaintiffs and defendants was tried twice. During the first trial, on motion of the Trial Justice, the general contractor's third-party action was severed. The trial then proceeded and resulted in a jury disagreement as to the general contractor. Thereafter and prior to the second trial, the general contractor moved to again consolidate the main action with the...

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