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Miller v. Universal Pictures Co.

13 A.D.2d 473 Court N.Y. App. Div. Decision date 1961-03-16 English

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p. 473
Helen D. Miller, Individually and as Executrix of Alton G. Miller, Deceased, v. Universal Pictures Company, Inc., et al.

Motion to resettle, amend and modify the order entered on June 14, 1960, granted, without costs. Respondent having elected not to proceed with a new trial on the alternative theories suggested in the memorandum opinion of this court, and solely for that reason, the order is amended to delete therefrom the granting of a new trial and the complaint is dismissed upon the law and the facts. Settle order on notice. Concur — Breitel, J. P., Valente, McNally and Stevens, JJ.