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Judgment dismissing complaint reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event, upon the ground that there was a question of fact as to whether or not the submission to arbitration and the award had, pleaded in defense and stipulated, were a general submission and award or only a limited submission and award, which question should have been submitted to the jury. Lazansky, P. J., Rich, Young, Seeger and Seudder, JJ., concur.
Document Info
Citation Numbers: 224 A.D. 662
Filed Date: 5/15/1928
Precedential Status: Precedential
Modified Date: 10/27/2024