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POALACIN v. MALL PROPS., INC.

2014-03806, Index No. 700446/12.

155 A.D.3d 900 (2017)

63 N.Y.S.3d 679

2017 NY Slip Op 08026

NELSON POALACIN, Plaintiff, v. MALL PROPERTIES, INC., et al., Defendants/Second Third-Party Plaintiffs-Respondents, et al., Defendant; HARLEYSVILLE INSURANCE, Second Third-Party Defendant-Appellant. (And Other Third-Party Actions.).

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

Decided November 15, 2017.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the motion of the second third-party defendant to sever the second third-party action is granted.

The Supreme Court improvidently exercised its discretion in denying the motion of the second third-party defendant, Harleysville Insurance (hereinafter Harleysville), to sever the second third-party action from the main action and the other third...

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