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KENNARD v. HOUS. ASSOC.

26 Misc.2d 1000 (1961)

Caroline B. Kennard, as Administratrix of The Estate of Leonard E. Coker, Deceased, Plaintiff, v. Housing Associates, Inc., et al., Defendants. Edward T. Karran, Plaintiff, v. Bethlehem Steel Co. et al., Defendants. C. W. Lauman & Co., Plaintiff, v. Colorado Fuel & Iron Co. et al., Defendants.

Supreme Court, Trial Term, Nassau County.

January 4, 1961

Attorney(s) appearing for the Case

Frank Lawkins, E. George Lawkins and Nathaniel A. Kahn for Caroline B. Kennard, plaintiff. Harry W. Robinson and Nathaniel A. Kahn for Edward T. Karran, plaintiff. Gerald L. Nierenberg and Saul I. Weinstein for C. W. Lauman & Co., plaintiff. Arthur B. Block and Charles Fiesel for Welded Tank & Construction Co., defendant. John J. Kennelly and Leon J. Morgan for Colorado Fuel & Iron Co., defendant.

BERNARD S. MEYER, J.

These motions raise questions concerning (1) the effect of special jury findings, made pursuant to direction given under subdivision 5 of section 193-a of the Civil Practice Act, on cross claims being tried before the court without a jury and (2) the construction of the last sentence of section 459 of the Civil Practice Act, which provides that: "Where a special finding is inconsistent...

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