Septic Sys., Inc. v. Employers Mut. Fire Ins. Co.

Full title: SEPTIC SYSTEMS, INC., Respondent, v. EMPLOYERS MUTUAL FIRE INSURANCE CO.…

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

Date published: May 3, 1976

52 A.D.2d 844 (N.Y. App. Div. 1976)

Opinion

May 3, 1976

In an action inter alia on an insurance policy, defendant Employers Mutual Fire Insurance Co. appeals from an order of the Supreme Court, Richmond County, dated December 15, 1975, which denied its motion to strike the complaint pursuant to CPLR 3024 or, in the alternative, to sever the action as against it. Order affirmed, with $50 costs and disbursements. It was not an abuse of discretion on the part of the Trial Judge to deny the motion. Gulotta, P.J., Hopkins, Latham, Margett and Shapiro, JJ., concur.