Delgrosso v. Eximperium Corp.

Appellate Division of the Supreme Court of New York

Delgrosso v. Eximperium Corp.

7 A.D.2d 627, 179 N.Y.S.2d 150, 1958 N.Y. App. Div. LEXIS 4384

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 5, 1958

StatusPublished

This text of 7 A.D.2d 627 (Delgrosso v. Eximperium Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Delgrosso v. Eximperium Corp., 7 A.D.2d 627, 179 N.Y.S.2d 150, 1958 N.Y. App. Div. LEXIS 4384 (N.Y. Ct. App. 1958).

Pincite

Opinion

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.

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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.

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Bluebook (online)

7 A.D.2d 627, 179 N.Y.S.2d 150, 1958 N.Y. App. Div. LEXIS 4384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delgrosso-v-eximperium-corp-nyappdiv-1958.