Legal Opinion
Kye v. Stearns
New York Supreme Court
Decided July 20, 1927PublishedCited by 2 opinions
1Opinion of the CourtNoonan, J.
This is a motion on the part of the defendant for a separate trial of an issue of fact relating to the validity of a release, under the provisions of subdivision 3 of section 443 of the Civil Practice Act, which reads as follows: “ The court, in its discretion, may order one or more issues to be separately tried prior to any trial of the other issues in the case.”
The facts before the court for its guidance in the decision of this motion are substantially as follows: On or about September 26, 1925, the plaintiff had a collision with the defendant’s automobile, during which he suffered somewhat…
2Cases cited5 opinions
- Smith v. Western Pacific Railway Co.New York Court of Appeals · 1911
- McGurty v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Sayer v. WilstropAppellate Division of the Supreme Court of the State of New York · 1922
- Samuel Strauss & Co. v. American Credit Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Schoenbaum v. ReimerAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by2 opinions
- Johnson v. Methodist HospitalNew York Supreme Court · 1960
- Maryland Casualty Co. v. Blue Bird Coach Lines, Inc.New York Supreme Court · 1969