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T.R. Am. Chemicals, Inc. v. Seaboard Sur. Co.

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 1983
97 A.D.2d 354 (N.Y. App. Div. 1983)

Opinion

October 6, 1983


Order entered April 7, 1983 in Supreme Court, New York County (Stanley Ostrau, J.), which denied plaintiff's motion to sever the libel counterclaim of third-party defendant Fullan and denied permission to amend plaintiff's complaint, unanimously modified, on the law and the facts and in the exercise of discretion, and that part of plaintiff's motion requesting leave to amend its complaint is granted, without costs, and said order is otherwise affirmed. Although the reasons stated by Special Term for denying plaintiff's motion in its entirety are sound and a proper basis for its action, we believe that, as a practical matter, judicial economy is best served by one trial of all the claims. Accordingly, we exercise our discretion to modify the order appealed from to the extent indicated.

Concur — Murphy, P.J., Sullivan, Carro, Milonas and Alexander, JJ.


Summaries of

T.R. Am. Chemicals, Inc. v. Seaboard Sur. Co.

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 1983
97 A.D.2d 354 (N.Y. App. Div. 1983)
Case details for

T.R. Am. Chemicals, Inc. v. Seaboard Sur. Co.

Case Details

Full title:T.R. AMERICA CHEMICALS, INC., Appellant, v. SEABOARD SURETY COMPANY…

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

Date published: Oct 6, 1983

Citations

97 A.D.2d 354 (N.Y. App. Div. 1983)