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SANTONOCITO v. SUBURBAN OIL CO.

27 Misc.2d 697 (1961)

Rosario Santonocito, Plaintiff, v. Suburban Oil Co., Service Corp., Defendant and Third-Party Plaintiff. Hardware Mutual Casualty Co., Third-Party Defendant.

Supreme Court, Special Term, Queens County.

January 5, 1961

Attorney(s) appearing for the Case

Tell, Cheser, Werner & Breitbart for plaintiff. Thomas F. Keane for defendant and third-party plaintiff. Jeremiah G. Mahony for third-party defendant.

SAMUEL RABIN, J.

In this negligence action in which the defendant has impleaded an insurance carrier who disclaimed coverage, the latter moves, pursuant to subdivision 4 of section 193-a of the Civil Practice Act, to sever the third-party action and order a separate trial thereof.

It is alleged by the plaintiff in the main action that while lawfully on the...

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