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Hughes v. New York Central Railroad

278 A.D. 885 Court N.Y. App. Div. Decision date 1951-05-16 English

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p. 885
George H. Hughes, Appellant, v. New York Central Railroad Company, Respondent.

Appeal from an order of the Supreme Court, Albany County Special Term, which directed a separate trial of the issues raised as to the validity of two releases pleaded as a separate defense. The order was discretionary (Civ. Prac. Act, § 443, subd. 3), and it does not appear that the court at Special Term abused such discretion. Order unanimously affirmed, without costs. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.