McGurty v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank McGurty, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 3d day of May, 1915, granting defendant’s motion for a prior trial of certain separate issues and ordering those issues to be tried separately at the next ensuing Equity Term of the Supreme Court.
1Opinion of the Court
Lambert, J.:
The action is negligence. By its answer the defendant, among other things, pleads by way of affirmative defense the execution and delivery for a valuable consideration of a release from liability executed by the plaintiff.
Defendant has moved at Special Term for a separate and prior trial of the issue made by the answer with reference to such release and its validity. The Special Term has directed that such trial be had separately and in advance of the disposition of the issues of negligence, and has directed that such trial be had before the court without a jury. The appeal is…
2Cases cited8 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Tripp v. CookNew York Supreme Court · 1841
- Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
- Warner v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re the Estate of GreatsingerNew York Court of Appeals · 1986
- Anderson v. McDonaldWest Virginia Supreme Court · 1982
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 1960
- Fonville v. Irving Poultry Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Spencer v. HuntAppellate Division of the Supreme Court of the State of New York · 1936
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