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Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that an issue of fact was presented which should have been submitted to the jury. Settle order on notice. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.
Document Info
Filed Date: 10/27/1944
Precedential Status: Precedential
Modified Date: 10/28/2024