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HENDERSON v. WEIN HARDWARE CO., INC.

51 A.D.2d 696 (1976)

Alexander Henderson, Respondent, v. Wein Hardware Co., Inc., et al., Appellants. Wein Hardware Co., Inc., Third-Party Plaintiff-Appellant, v. Rubin Solomon, Third-Party Defendant-Respondent

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

February 10, 1976

The order appealed from severed the third-party indemnity action based on medical malpractice from the main action brought against defendants-appellants (appellants) to recover damages for personal injuries suffered by reason of the alleged negligence of appellants. Appellants urge that the court erred in severing the third-party action and referring it to a medical malpractice panel by reason of the court's stated belief that it was mandated to do so, and that the main action...

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