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Judgments reversed and a new trial granted with costs to the appellant to abide the event on the ground that as matter of law there has been no judicial determination by the trial court. No opinion.
Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.
Document Info
Citation Numbers: 48 N.E.2d 704, 290 N.Y. 594, 1943 N.Y. LEXIS 1267
Filed Date: 3/4/1943
Precedential Status: Precedential
Modified Date: 10/19/2024