Appellate Division of the Supreme Court of the State of New York April 30, 1996 (17 Vista Fee Associates v. Teachers Insurance & Annuity Ass'n of America)

Order, Supreme Court, New York County (Walter Schackman, J.), entered December 27, 1995, which, inter alia, granted defendant’s motion to sever the third-party action commenced by plaintiffs, unanimously affirmed, without costs.

The main action is one in contract seeking to recover payment thereunder; defendant asserted by way of defense and counterclaim breach of certain conditions.