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FELLS v. WATSON

39 A.D.2d 940 (1972)

Robert Fells et al., Respondents, v. Clarence Watson et al., Defendants, and Hertz Corporation, Appellant. (Action No. 1.) (And Three Other Actions.)

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

June 12, 1972

Interlocutory judgment reversed insofar as appealed from, on the law; new trial granted as against defendant The Hertz Corporation with respect to the issues of liability only, with costs to abide the event; and action severed as between the plaintiffs and said defendant. The appeal presented no questions of fact.

In our opinion, the presence of factual issues to be determined by the jury precluded the direction of a verdict...

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