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JOHNSON v. BERGER

171 A.D.2d 728 (1991)

James P. Johnson III et al., Plaintiffs, v. Murray Berger et al., Defendants. (And a Third-Party Title.) (Action No. 1.) Gerst & Pullin et al., Respondents, v. Bertholon-Rowland Corp., Appellant. (Action No. 3.)

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

March 11, 1991

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the plaintiffs in Action No. 3 which was for a joint trial of Action Nos. 1 and 3 is denied.

The Supreme Court erred in directing a joint trial of Action No. 1, a legal malpractice action, and Action No. 3, a negligence action brought by one of the defendants in Action No. 1 against his professional liability...

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