Mohamed v. Unifruitco Steamship Co.

Appellate Division of the Supreme Court of New York

Mohamed v. Unifruitco Steamship Co.

223 A.D. 791

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1928·Published·Cited by 1 cases

Opinion

Order denying defendants’ motion to dismiss complaint modified by adding thereto a provision that the question of fact as to the execution of the general release by plaintiff be tried by a jury, the findings to be reported to the court for its action as provided in Civil Practice Rule 108; and as so modified affirmed, without costs. (Galanti v. Brady & Gioe, Inc., 211 App. Div. 858; Rizzuto v. U. S. Shipping Board Emergency Fleet Corp., 213 id. 326.) Lazansky, P. J.,'Rich, Kapper, Hagarty and Carswell, JJ., concur. Settle order on notice.

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Order denying defendants’ motion to dismiss complaint modified by adding thereto a provision that the question of fact as to the execution of the general release by plaintiff be tried by a jury, the findings to be reported to the court for its action as provided in Civil Practice Rule 108; and as so modified affirmed, without costs. (Galanti v. Brady & Gioe, Inc., 211 App. Div. 858; Rizzuto v. U. S. Shipping Board Emergency Fleet Corp., 213 id. 326.) Lazansky, P. J.,'Rich, Kapper, Hagarty and Carswell, JJ., concur. Settle order on notice.

Mohamed v. Unifruitco Steamship Co., 223 A.D. 791 (N.Y. Ct. App. 1928).

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Opinion

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