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RAPINI v. NEW PLAN EXCEL REALTY TRUST, INC.

8 A.D.3d 1013 (2004)

778 N.Y.S.2d 347

ARTHUR RAPINI et al., Respondents, v. NEW PLAN EXCEL REALTY TRUST, INC., Appellant, et al., Defendant.

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

June 14, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We conclude that Supreme Court properly granted plaintiffs' motion to sever the claims and cross claims against defendant KMart Corporation (KMart) from those asserted against defendant New Plan Excel Realty Trust, Inc. (New Plan). Plaintiff Arthur Rapini was 83 years of age at the time he...

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