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PESCATORE v. AM. EXP. LINES, INC.

131 A.D.2d 739 (1987)

Guiseppe Pescatore et al., Plaintiffs, v. American Export Lines, Inc., et al., Defendants and Fourth-Party Plaintiffs-Respondents, and General Electric Corporation, Defendant and Third-Party Plaintiff. Aerojet General Corporation, Fourth-Party Defendant-Appellant. (And Other Actions.)

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

June 22, 1987

Ordered that the order is affirmed, with costs to the defendants second fourth-party plaintiffs-respondents.

Although the defendants second fourth-party plaintiffs' delay in commencing their fourth-party action was unjustified, we conclude that the denial of the second fourth-party defendant's motion to dismiss the second fourth-party action without prejudice or, in the alternative, to sever and stay it for a later separate trial (see, CPLR 1010), did not constitute...

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