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SPICER v. GARDAWORLD CONSULTING (UK) LTD.

Index No. 655352/17. Appeal Nos. 14408-14408A-14408B. Case Nos. 2021-02410, 2021-02413.

198 A.D.3d 522 (2021)

152 N.Y.S.3d 797

2021 NY Slip Op 05681

Timothy Simon Spicer et al., Respondents, v. GardaWorld Consulting (UK) Limited, Appellant/Counterclaim Plaintiff-Appellant. Timothy Simon Spicer et al., Counterclaim Defendants-Respondents.

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

Decided October 19, 2021.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom LLP, New York ( Michael P. Richter of counsel), for appellant.

Chaffetz Lindsey LLP, New York ( Sanford (Sandy) Litvack of counsel), for respondents.

Concur—Gische, J.P., Webber, Mazzarelli, Moulton, Pitt, JJ.

The motion court providently exercised its discretion in severing defendant's counterclaims for fraud and aiding and abetting fraud from plaintiffs' declaratory judgment claim (CPLR 3212[e][1]). The counterclaims are not inextricably intertwined with or inseparable from the declaratory judgment claim (see European Am. Bank v Surgical Consultants, 308 A.D.2d 419, 419 [1st Dept 2003]; Banco do Estado de Sao Paulo v Mendes Jr. Intl...

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