Appellate Division of the Supreme Court of New York, 1965

Colton v. National Biscuit Co.

Colton v. National Biscuit Co.
Appellate Division of the Supreme Court of New York · Decided July 8, 1965
24 A.D.2d 564; 261 N.Y.S.2d 601; 1965 N.Y. App. Div. LEXIS 3632
Colton v. National Biscuit Co.

Opinion of the Court

Order, entered May 20, 1965, unanimously modified in the exercise of discretion, so as to direct that there be a separate trial on the issue of liability and the order, as so modified, is affirmed, without costs or disbursements. In the meantime, the examination before trial is stayed. We believe that a separate trial of the issue of liability would expedite the disposition of the action. Settle order on notice. Concur — Rabin, J. P., Valente, McNally, Stevens and Steuer, JJ.

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