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30-12 LEWMAY CORP. v. PUB. MUT. INS. CO.

28 A.D.2d 837 (1967)

30-12 Lewmay Corp. et al., Respondents, v. Public Mutual Insurance Company, Appellant, and Rose Thau, Individually and as Executrix of Israel Thau, Deceased, et al., Respondents 30-18 Lewmay Corp. et al., Respondents, v. Public Mutual Insurance Company, Appellant, and Safeguard Mutual Insurance Company et al., Respondents

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

July 11, 1967

MEMORANDUM BY THE COURT.

Orders, entered November 21, 1966, denying defendant's motion to dismiss the complaint on the ground that the action is barred by the Statute of Limitations, modified, on the law and the facts, to the extent of requiring a separate and prior trial of the issue of the Statute of Limitations, and otherwise affirmed, with $50 costs and disbursements to respondents.

On this record we do not feel...

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