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AETNA CAS. & SUR. CO. v. ASHRAF

239 A.D.2d 449 (1997)

658 N.Y.S.2d 51

Aetna Casualty and Surety Company, as Subrogee of Helene Nakis, Respondent, v. Mohammad Ashraf et al., Defendants and Third-Party Plaintiffs-Respondents. Roberts Consolidated Industries, Third-Party Defendant-Appellant. (Action No. 1.) Helene Nakis et al., Respondents, v. Mohammad Ashraf et al., Respondents, and Dap, Inc., et al., Appellants. (Action No. 2.)

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

May 19, 1997

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the appellants' motion is granted, the complaint, third-party complaint, and cross claims are dismissed insofar as they are asserted against the appellants in both actions, and the actions against the remaining defendants are severed.

The plaintiff Helene Nakis commenced Action No. 2 against a home improvement contractor and the appellants...

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