Miner-Edgar Company v. North River Insurance Co.

Full title: MINER-EDGAR COMPANY, Plaintiff, v. NORTH RIVER INSURANCE COMPANY, Defendant

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

Date published: May 1, 1928

223 App. Div. 888 (N.Y. App. Div. 1928)

Opinion

May, 1928.

This submission leaves open controverted issues of fact and hence cannot terminate in a judgment. ( Zarkowski v. Schroeder, 60 App. Div. 457.) Submission dismissed, without prejudice, and without costs to either party. Settle order on notice.

Present — Dowling, P.J., Merrell, Finch, McAvoy and Proskauer, JJ.