Appellate Division of the Supreme Court of New York, 1963

Stero Holding Corp. v. Eichel

Stero Holding Corp. v. Eichel
Appellate Division of the Supreme Court of New York · Decided March 21, 1963
18 A.D.2d 995; 1963 N.Y. App. Div. LEXIS 4111
Stero Holding Corp. v. Eichel

Opinion of the Court

Order entered on June 27, 1962, denying defendants’ motion for partial summary judgment, unanimously affirmed, without costs. In view of the unusual circumstances of this case we feel that the interests of justice require that a trial be had. Accordingly and without passing upon the question of whether there is a triable issue as to actionable negligence, in the exercise of discretion, we affirm. Concur — Rabin, J. P., Valente, Stevens, Eager and Steuer, JJ.

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