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Miller v. Wells

79 A.D.2d 717 Court Third Department, Decision date 1980-12-02 English

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p. 717
Third Department,
December, 1980
(December 2, 1980)
Louis Miller et al., Respondents, v William W. Wells, Appellant.

Motion Motion to resettle an order of this court dated February 27, 1978, treated as an application to clarify the decision dated July 28, 1977 ( 58 AD2d 954 ) granted, without costs, and the decision amended by deleting the language that the case should be remitted for a trial limited solely to the Statute of Limitations issue. That issue should be tried as one of the factual questions at trial. Mahoney, P. J., Kane, Main and Herlihy, JJ., concur.

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