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EMMETSBERGER v. MITCHELL

7 A.D.3d 483 (2004)

775 N.Y.S.2d 876

ALAN EMMETSBERGER, Respondent, v. EDWARD MITCHELL, Defendant and Third-Party Plaintiff-Respondent. OTSEGO MUTUAL FIRE INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

May 3, 2004.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The Supreme Court erred in denying the appellant's motion to sever the third-party action and add the plaintiff as a third-party defendant. The two actions do not involve common questions of law or fact (see Dreizen v Morris I. Stoler, Inc., 98 A.D.2d 759 [1983]). Moreover, to ensure that there is no prejudice to the third-party defendant...

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