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Miller v. Ford Motor Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 23, 1961
12 A.D.2d 1003 (N.Y. App. Div. 1961)

Opinion

February 23, 1961

Appeal from the Steuben Supreme Court.

Present — Williams, P.J., Bastow, Goldman, Halpern and McClusky, JJ.


Order reversed, without costs of this appeal to either party, and matter remitted to Special Term for further proceedings in accordance with the memorandum. Memorandum: Two orders were granted by Justice WITMER, each dated February 2, 1960. One order denied the right to serve a supplemental bill of particulars "without prejudice", and the other was an outright order to preclude. The second of these orders is recited in the order appealed from, but the first is not, and it is doubtful, therefore, whether any consideration was given to the first order when the order of dismissal was granted. The matter is remitted to Special Term for further consideration in view of the first order which was granted "without prejudice". All concur, except Goldman, J., who dissents and votes for affirmance.


Summaries of

Miller v. Ford Motor Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 23, 1961
12 A.D.2d 1003 (N.Y. App. Div. 1961)
Case details for

Miller v. Ford Motor Co.

Case Details

Full title:EDWARD MILLER, Appellant, v. FORD MOTOR CO., Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 23, 1961

Citations

12 A.D.2d 1003 (N.Y. App. Div. 1961)