Appellate Division of the Supreme Court of New York, 1941

Liberio v. United States Radiator Co.

Liberio v. United States Radiator Co.
Appellate Division of the Supreme Court of New York · Decided November 12, 1941
263 A.D. 790; 31 N.Y.S.2d 1019; 1941 N.Y. App. Div. LEXIS 4941
Liberio v. United States Radiator Co.

Opinion of the Court

Order affirmed, with ten dollars costs and disbursements. Memorandum: We interpret the order as meaning that the question contained in subdivision “ a ” of the ordering paragraph is for the jury and that the question contained in subdivision “ b ” of the ordering paragraph is one of law for the court. All concur. (The order directs separate and prior trial of two issues of fact in a silicosis action.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

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