In view of the bifurcated nature of the proceeding, with defendant Commercial Bank proceeding first on the damages trial and positing its claim that the checks at issue were correctly paid in settlement of partnership obligations, it was not an abuse of discretion for the court to "re-open" the case after both Commercial and plaintiff had seemingly rested, and to permit plaintiff to proceed with its rebuttal.
We note that once summary judgment on liability was awarded...
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