HUTTICK v. BIOGRAPH REALTY CORP.


37 A.D.2d 597 (1971)

Frank Huttick, Plaintiff, v. Biograph Realty Corp., Defendant and Third-Party Plaintiff-Appellant. Paramount Pictures Corp., Third-Party Defendant-Respondent

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

June 14, 1971


Appeal from order of March 23, 1971 dismissed as academic. That order was superseded by the order entered April 30, 1971. Order entered April 30, 1971 reversed insofar as appealed from, and third-party defendant's motion for severence denied. Appellant is granted a single bill of $10 costs and disbursements to cover both appeals. Granting of the severance was an improvident exercise of discretion. Common questions of law and fact exist. Pretrial discovery procedures have...

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