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SCHULMAN v. BENMASHIAH

261 A.D.2d 384 (1999)

687 N.Y.S.2d 902

DANIEL SCHULMAN et al., Respondents, v. SHIMON BENMASHIAH, Defendant, and CHAGAI BEN-MASHIAH et al., Appellants.

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

Decided May 3, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The severance of the plaintiffs' causes of action sounding in fraud and theft from the remaining causes of action was not an improvident exercise of discretion (see, Fay v Chii Chung Wang, 134 A.D.2d 563

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