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McLOUGHLIN v. ACHILLES

236 A.D.2d 525 (1997)

654 N.Y.S.2d 385

Deborah R. McLoughlin et al., Plaintiffs, v. Eileen Achilles et al., Defendants. (Action No. 1.) Herbert L. Smith, Appellant, v. Joseph Cafiero, Defendant, and Eileen Achilles, Respondent. (Action No. 2.)

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

February 18, 1997

Ordered that the order is reversed insofar as appealed from, the cross motion is granted, and the action against the defendant Joseph Cafiero is severed from that against the defendant Eileen Achilles.

Since the verdict in favor of the defendant Eileen Achilles has been reinstated (see, McLoughlin v Achilles, 236 A.D.2d 524 [decided herewith]), a severance is warranted to...

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