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NEW YORK SCHS INS. RECIPROCAL v. MILBURN SALES CO., INC.

2014-04507, Index Nos. 2848/11, 320117/12.

138 A.D.3d 940 (2016)

31 N.Y.S.3d 102

2016 NY Slip Op 02972

NEW YORK SCHOOLS INSURANCE RECIPROCAL, as Subrogee of West Babylon Union Free School District, Respondent, v. MILBURN SALES CO., INC., Doing Business as MILBURN CARPET ONE FLOORS & HOME and Another, Defendant/Third-Party Plaintiff-Appellant. STALCO CONSTRUCTION, INC., et al., Third-Party Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 20, 2016.

In a subrogation action to recover damages for injury to property and a third-party action seeking indemnity and contribution, the defendant/third-party plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), entered March 27, 2014, which granted the plaintiff's motion pursuant to CPLR 1010 to sever the third-party action.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs payable by the plaintiff...

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