Hyperlawhypertext legal database Blenis v. Utica Knitting Co. 128 N.Y.S. 1113

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Blenis v. Utica Knitting Co.

128 N.Y.S. 1113 Court N.Y. App. Div. Decision date 1911-03-14 English

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p. 1113
BLENIS, Respondent, v. UTICA KNITTING CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 14, 1911.)

Headnote

Action by Frank L. Blenis against the Utica Knitting Company.

Order modified, by striking out the provision which settles issues, and, as so modified, affirmed, without costs of this appeal to either party. Held, that the issues are triable by jury as matter of right, and that the action is not one where issues may be settled. Sections 968, 970, 971, Code Civ. Proc.

McLENNAN, P. J., dissents, and votes for affirmance.