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KELVIN ENG'G CO., INC. v. AM. SUR. CO. OF NEW YORK

16 A.D.2d 977 (1962)

Kelvin Engineering Co., Inc., et al., Respondents, et al., Plaintiff, v. American Surety Company of New York, Appellant. (Action No. 1.) American Surety Company of New York, Plaintiff, v. Kelvin Engineering Co., Inc., et al., Defendants. (Action No. 2.)

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

June 25, 1962

Judgment, insofar as appealed from, reversed on the facts; Action No. 1 severed from Action No. 2; and, in Action No. 1, new trial granted between Kelvin Engineering Co., Inc., and Thomas F. O'Dowd, plaintiffs, and the American Surety Company of New York, defendant, with costs to abide the event, upon the ground that the jury's verdict is against the weight of the credible...

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