Miller v. Wells

Appellate Division of the Supreme Court of New York

Miller v. Wells

79 A.D.2d 717, 1980 N.Y. App. Div. LEXIS 14125

Appellate Division of the Supreme Court of the State of New York·Decided December 2, 1980·Published

Opinion

Motion Motion to resettle an order of this court dated February 27, 1978, treated as an application to clarify the decision dated July 28, 1977 (58 AD2d 954) granted, without costs, and the decision amended by deleting the language that the case should be remitted for a trial limited solely to the Statute of Limitations issue. That issue should be tried as one of the factual questions at trial. Mahoney, P. J., Kane, Main and Herlihy, JJ., concur.

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Motion Motion to resettle an order of this court dated February 27, 1978, treated as an application to clarify the decision dated July 28, 1977 (58 AD2d 954) granted, without costs, and the decision amended by deleting the language that the case should be remitted for a trial limited solely to the Statute of Limitations issue. That issue should be tried as one of the factual questions at trial. Mahoney, P. J., Kane, Main and Herlihy, JJ., concur.

Miller v. Wells, 79 A.D.2d 717, 1980 N.Y. App. Div. LEXIS 14125 (N.Y. Ct. App. 1980).

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Opinion

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