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CHARET v. MAN-DELL FOOD STORES, INC.

208 A.D.2d 489 (1994)

616 N.Y.S.2d 1017

Elsie Charet et al., Appellants, v. Man-Dell Food Stores, Inc., et al., Respondents. (And a Third-Party Action.)

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

October 3, 1994

Ordered that the order is affirmed, with costs.

Given the plaintiffs' own delay in prosecuting the main action, we find that the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion for a severance of the third party action on the grounds that delay in its prosecution would prejudice the plaintiffs (see, CPLR 1010). In addition, since the Supreme Court has indicated that it intends to insure that prosecution of the third...

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