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Schoenfeld v. Atomic Products Corp.

35 N.Y.2d 880 Court N.Y. Decision date 1974-12-18 English

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Majority

p. 880
Richard A. Schoenfeld, Respondent, v. Atomic Products Corp., Appellant.
Submitted November 22, 1974;
decided December 18, 1974.
p. 881
Harold W. Grubart for appellant.
Abrams é Hermán, P. G., for respondent.

Order reversed and a new trial granted, with costs to abide the event, on the dissenting memorandum at the Appellate Division with the added comment that a stipulation alone for a jury trial of all issues might not be sufficient, but in this case the stipulation had been converted into an order of the court.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.