Appellate Division of the Supreme Court of New York, 1980

Miller v. Wells

Miller v. Wells
Appellate Division of the Supreme Court of New York · Decided December 2, 1980
79 A.D.2d 717; 1980 N.Y. App. Div. LEXIS 14125
Miller v. Wells

Opinion of the Court

Motion Motion to resettle an order of this court dated February 27, 1978, treated as an application to clarify the decision dated July 28, 1977 (58 AD2d 954) granted, without costs, and the decision amended by deleting the language that the case should be remitted for a trial limited solely to the Statute of Limitations issue. That issue should be tried as one of the factual questions at trial. Mahoney, P. J., Kane, Main and Herlihy, JJ., concur.

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