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DAWSON v. PAVARINI CONSTR. CO., INC.

228 A.D.2d 468 (1996)

644 N.Y.S.2d 288

Joseph Dawson et al., Respondents, v. Pavarini Construction Co., Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Metal Builder, Inc., et al., Third-Party Defendants-Respondents

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

June 10, 1996

Ordered that the order is affirmed, with one bill of costs payable to the plaintiffs and the third-party defendant Berlin Steel Construction Co.

The motion of the defendants third-party plaintiffs, inter alia, to direct that the liability trial on the third-party action proceed prior to the damages trial on the plaintiffs' action was properly denied as it was merely an attempt to relitigate the severance of the third...

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