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BERGER v. AM. NAT. FIRE INS. CO.

279 A.D. 335 (1952)

Samuel Berger et al., Doing Business under the Name of Ruth's Specialty Shop, et al., Appellants-Respondents, v. American National Fire Insurance Company, New York, et al., Respondents-Appellants. (Action No. 1.) Edward Kucker, Respondent, v. American National Fire Insurance Company, New York, et al., Appellants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 18, 1952.

Attorney(s) appearing for the Case

In Action No. 1: Stephen V. Lines for Howard M. Travis, respondent-appellant.

Charles S. Wilcox for American National Fire Insurance Company, Merchants Fire Assurance Corporation and Concordia Fire Insurance Company, respondents-appellants.

J. Frank Traynor, respondent-appellant in person.

Arthur V. D. Chamberlain for Samuel Berger and Ruth Berger, appellants-respondents.

In Action No. 2: Skivington & Skivington for respondent.

In each action: All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.

Per Curiam.

The complaint in action No. 1 alleges a cause of action in contract and also a cause of action for malicious prosecution. The order appealed from provides for a severance and separate trial of such causes of action. We think that the order reflects a proper exercise of the court's discretion and should be affirmed.

The defendants in actions No. 1 and No. 2 appeal from orders denying motions to dismiss...

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