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SMITH v. McCLIER CORPORATION

38 A.D.3d 322 (2007)

831 N.Y.S.2d 413

ANDREW SMITH, Respondent, v. McCLIER CORPORATION et al., Appellants, et al., Defendant. (And a Third-Party Action.) RUTTURA & SONS, Second Third-Party Plaintiff-Appellant, v. UNITED STATES REBAR, INC., Second Third-Party Defendant-Respondent. (And Another Action.)

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

Decided March 15, 2007.

Order, same court, Justice and entry date, which denied the motion by defendants McClier, Ruttura & Sons, NYP Holdings and New York City Industrial Development Agency for an order pursuant to CPLR 603, bifurcating the trial into liability and damages sections, unanimously affirmed, without costs.

Order, same court, Justice and entry date, which denied defendant Ruttura's motion to sever its third-party indemnification claim for early trial before the main action...

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