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JOHNSON v. CZUMAJ

29 A.D.2d 827 (1968)

William K. Johnson et al., Appellants, v. Emma Czumaj, Respondent

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

February 15, 1968

Judgment unanimously affirmed, without costs.

Memorandum:

In affirming, we disapprove the court's action in answering the jury's written question without its being presented in open court, but in this case we do not find that doing so was prejudicial. (See Employers Mut. Liab. Ins. Co. v. Di Cesare & Monaco Concrete Constr. Corp., 9 A.D.2d 379, 385; Fisher v. Lober, 11 A.D.2d 645

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