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Liberio v. United States Radiator Co.

263 A.D. 790 Court N.Y. App. Div. Decision date 1941-11-12 English

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p. 790
(November 12, 1941.)
John Liberio, Appellant, v. United States Radiator Company, Respondent.

Order affirmed, with ten dollars costs and disbursements. Memorandum: We interpret the order as meaning that the question contained in subdivision “ a ” of the ordering paragraph is for the jury and that the question contained in subdivision “ b ” of the ordering paragraph is one of law for the court. All concur. (The order directs separate and prior trial of two issues of fact in a silicosis action.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.