FULMER v. SOVOCOOL


26 A.D.2d 889 (1966)

Russell Fulmer et al., Doing Business as Consolidated Enterprises, Respondents, v. Ralph Sovocool, Appellant

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

October 27, 1966


GIBSON, P. J.

On the motion defendant sought severance on the ground that a verdict in his favor on his claim of fraud and misrepresentation "would be dispositive" of plaintiffs' claim. It is true, of course, that the court's discretion may be exercised to sever a counterclaim and to order the trial of the issue thus severed prior to the trial of the other issues (CPLR 603); when such a counterclaim does not...

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