Majority
p. 903Rose Axel, Respondent, v. Maury Fisher et al., Respondents. Maury Fisher, Third-Party Plaintiff-Respondent, v. Harry Axel, Third-Party Defendant-Respondent. Harry Axel, Fourth-Party Plaintiff-Respondent, v. Fidelity & Casualty Company of New York, Fourth-Party Defendant-Appellant.
Appeal by the fourth-party defendant from an order denying its motion, under subdivision 4 of section 193-a of the Civil Practice Act, for an order severing the fourth-party action and providing for a separate trial thereof, which order was made “without prejudice to the making by the trial justice of any order which may seem to him necessary in furtherance of justice”. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, MacCrate, Murphy and Ughetta, JJ., concur.