BERENSON v. HARTFORD FIRE INS. CO.


13 A.D.2d 477 (1961)

David M. Berenson, as Trustee in Bankruptcy of Durable Tubular Brass Products, Inc., Appellant, v. Hartford Fire Insurance Company et al., Defendants, and Fireman's Fund Insurance Company, Respondent

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

March 21, 1961


Order entered on March 21, 1960 denying partial summary judgment and directing a separate and prior trial on a limited issue unanimously modified on the law, on the facts and in the exercise of discretion, so as to direct a separate and prior trial on all the issues of law and fact raised by the first defense of the answer, and otherwise affirmed, with $20 costs and disbursements to the appellant.

Special Term's limitation of the issue to be preliminarily tried was...

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