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MORRIS v. MORRIS

18 A.D.2d 1009 (1963)

Elizabeth W. Morris, Plaintiff, v. Ernest B. Morris et al., Defendants

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

March 11, 1963

Under the unique circumstances of this case, we have taken original jurisdiction of the pending motion before Special Term for a separate trial (see Matter of Bar Association of City of New York, 222 App. Div. 580, 585). The motion for a separate trial is granted. In our opinion a separate trial is proper here (see Ferrer v. Ferrer, 269 App. Div. 1038).

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