Opinion
Argued November 12, 1974
Decided December 18, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILFRED A. WALTEMADE, J.
A. Walter Socolow, Arnold C. Stream and Edward M. Berman for appellants.
Stuart G. Schwartz and Carl G. Bartholomaus for respondents.
Order affirmed, with costs. The granting of partial summary judgment, and the severance of so much of the case in which summary judgment was granted, was well within the discretion of the Appellate Division (CPLR 3212, subd. [e]).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN. Taking no part: Judge STEVENS.