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GERMANTOWN CO-OPERATIVE ASS'N, INC. v. BIEDRZYCKI

30 A.D.2d 986 (1968)

Germantown Co-Operative Association, Inc., Respondent, v. Lee J. Biedrzycki et al., Appellants Germantown Co-Operative Association, Inc., Respondent, v. Lee J. Biedrzycki, Appellant

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

October 17, 1968

AULISI, J.

We find no procedural error in the reargument of the motion and the modification of the original order. It is apparent from the record that there was a misconception of the relief sought and the ultimate determination of directing a trial without a jury was proper under the circumstances where both parties have set forth accounts in their submitted bills of particulars which contain 185 and 145 items...

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