TILCON N.Y., INC. v. TRANSCONTINENTAL INSURANCE COMPANY


261 A.D.2d 608 (1999)

690 N.Y.S.2d 724

TILCON N.Y., INC., Respondent, v. TRANSCONTINENTAL INSURANCE COMPANY, Appellant, and SENTRY INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellant. EASTERN ENGINEERING & SALES CORP., Third-Party Plaintiff-Appellant; FRED HOLT, INC., et al., Third-Party Defendants-Respondents.

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

Decided May 24, 1999.


Ordered that the appeal by the defendant Transcontinental Insurance Company is dismissed for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that on the Court's own motion, the notice of appeal from so much of the order as sua sponte severed the third-party action is treated as an application for leave to appeal, and leave to appeal from that portion of the order is granted...

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