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PHILLIPS v. CHEVROLET TONAWANDA DIV. OF GEN. MOTORS CORP.

43 A.D.2d 906 (1974)

Alfred Phillips et al., Plaintiffs, v. Chevrolet Tonawanda Division of General Motors Corp., Defendant. (And Another Action.)

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

January 25, 1974

Motion granted and appeal dismissed without prejudice to its reinstatement if, following the new trial granted by this court (Phillips v. Chevrolet Tonawanda Div. of Gen. Motors Corp., 43 A.D.2d 891, decided Jan. 11, 1974) appellant Modern Equipment Company is so advised.

Memorandum:

If upon a retrial of the main action a verdict results in favor of plaintiffs, then the determination previously made by the trial court...

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