Blenis v. Utica Knitting Co.
128 N.Y.S. 1113
Opinion
Order modified, by striking out the provision which settles issues, and, as so modified, affirmed, without costs of this appeal to either party. Held, that the issues are triable by jury as matter of right, and that the action is not one where issues may be settled. Sections 968, 970, 971, Code Civ. Proc.
McLENNAN, P. J., dissents, and votes for affirmance.
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Blenis v. Utica Knitting Co., 128 N.Y.S. 1113 (N.Y. Ct. App. 1911).
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