Appellate Division of the Supreme Court of New York, 1928

Lehr v. Bergren

Lehr v. Bergren
Appellate Division of the Supreme Court of New York · Decided May 15, 1928
224 A.D. 662
Lehr v. Bergren

Opinion of the Court

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.

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