FRANKEL v. ROSENBLUM


280 A.D. 885 (1952)

Edward M. Frankel, Respondent, v. Charles Rosenblum, Doing Business under the Name of Stuart Lloyd Co., Appellant Charles Rosenblum et al., Appellants, v. Albert M. Greene et al., Doing Business as Greene-Frankel Co., et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

September 30, 1952.


Order unanimously modified by inserting an additional decretal paragraph as follows: "The right of trial by jury of the factual issues in the action at law is preserved," and by striking the words "to the Jury" from the third decretal paragraph concerning the right to open and close.

We think that the justice presiding at the trial of the contract action should also dispose of the equitable issues taking such additional proof...

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