Kelly v. Yannotti

Appellate Division of the Supreme Court of New York

Kelly v. Yannotti

6 A.D.2d 1046, 179 N.Y.S.2d 653, 1958 N.Y. App. Div. LEXIS 4671

Procedural entryThis page is a short order in Kelly v. Yannotti. Read the opinion of the Court — 4 A.D.2d 767 →

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 1958·Published

Opinion

Upon remission of this appeal from the Court of Appeals for further proceeding in accordance with the opinion of said court, order of the Supreme Court entered February 26, 1957, denying appellant’s motion to sever the main action from the third-party action and for separate trials thereof, reversed, without costs, and motion granted. (Cf. Kelly v. Yannotti, 4 N Y 2d 603.) Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ., concur.

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Upon remission of this appeal from the Court of Appeals for further proceeding in accordance with the opinion of said court, order of the Supreme Court entered February 26, 1957, denying appellant’s motion to sever the main action from the third-party action and for separate trials thereof, reversed, without costs, and motion granted. (Cf. Kelly v. Yannotti, 4 N Y 2d 603.) Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ., concur.

Kelly v. Yannotti, 6 A.D.2d 1046, 179 N.Y.S.2d 653, 1958 N.Y. App. Div. LEXIS 4671 (N.Y. Ct. App. 1958).

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