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KLEIN v. CITY OF LONG BEACH

154 A.D.2d 346 (1989)

Elizabeth A. Klein, Respondent, v. City of Long Beach, Defendant and Third-Party Plaintiff-Respondent. Hendrickson Brothers, Inc., Third-Party Defendant and Fourth-Party Plaintiff-Appellant; Donald Monti, Fourth-Party Defendant-Respondent

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

October 2, 1989

Ordered that the order is modified, by deleting therefrom the provision granting the plaintiff's motion to sever the fourth-party action and substituting therefor a provision denying that motion; as so modified, the order is affirmed, with one bill of costs to the appellant payable by the plaintiff-respondent and the defendant third-party plaintiff-respondent appearing separately and filing separate briefs; and it is further,

Ordered that the appellant and the fourth...

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