DE LUCA v. SCHLESINGER


39 A.D.2d 566 (1972)

Torrey De Luca, an Infant, by His Mother and Guardian Carmella De Luca, et al., Respondents, v. Robert Schlesinger, Appellant, and Andrew Lipton, Defendant-Respondent and Third-Party Plaintiff-Respondent. New Jersey Manufacturers Insurance Company, Third-Party Defendant-Appellant. (And Another Action.)

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

April 17, 1972


Order modified, insofar as appealed from, with $10 costs and disbursements against respondent Lipton, by striking the fourth ordering paragraph and substituting therefor a provision that the cross motion is granted.

The third-party defendant had disclaimed liability as to the defendant third-party plaintiff driver. In our opinion, a trial of all causes of action before the same jury would subject the third-party defendant to some prejudice (Kelly v. Yannotti

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