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HERBERT G. MARTIN, INC. v. CITY OF YONKERS

54 A.D.2d 971 (1976)

Herbert G. Martin, Inc., Appellant, v. City of Yonkers et al., Defendants and Third-Party Plaintiffs-Respondents. Stewart M. Muller Construction Company, Inc., Third-Party Defendant-Respondent. (Action No. 1) Michael Harmonay Corp., Appellant, v. City of Yonkers et al., Defendants and Third-Party Plaintiffs-Respondents. Stewart M. Muller Construction Company, Inc., Third-Party Defendant-Respondent. (Action No. 2.)

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

November 29, 1976

Judgments reversed insofar as appealed from, on the law, with one bill of costs to each appellant payable jointly by respondents appearing separately and filing separate briefs; the second and third causes of action in each action are severed, and new trial granted as to those causes of action and on the third-party actions.

On the proof presented on plaintiffs' cases the delay, totaling 22 months, was occasioned primarily...

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