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Delgrosso v. Eximperium Corp.

7 A.D.2d 627 Court N.Y. App. Div. Decision date 1958-11-05 English

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p. 627
Lena Delgrosso, as Administratrix of the Estate of Mario Delgrosso, Deceased, Respondent, v. Eximperium Corporation, Defendant and Third-Party Plaintiff-Appellant. Longchamps, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

The order at Special Term is modified in the exercise of discretion to delete all reference to a severance of the action and to provide for a trial of the issues of negligence, freedom from contributory negligence and damage as raised by the pleadings in the main action and thereafter for a trial before another jury on framed issues as presented by the pleadings in the third-party action. In this posture of procedure, the question of prejudice becomes academic. The order as so modified is affirmed, without costs. Settle order. Concur — Breitel, J. P., Rabin, M. M. Frank, Valente and Bastow, JJ.