MARX v. MINASI


43 A.D.2d 943 (1974)

Marvin P. Marx, Respondent, v. Joseph Minasi, Defendant and Third-Party Plaintiff-Appellant, et al., Respondent. State Farm Mutual Auto Insurance Company, Third-Party Defendant-Respondent

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

February 4, 1974


Order of March 27, 1973 reversed and order of May 25, 1973 reversed insofar as appealed from, without costs; motion for summary judgment or dismissal of the third-party complaint denied; third-party plaintiff's cross motion granted; third-party action severed from plaintiff's negligence action; and the third-party action shall be deemed an action for a declaratory judgment and shall be tried before the negligence action.

It appears that plaintiff was injured while...

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