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MOHAMED v. UNIFRUITCO S.S. CO., LTD., UNITED FRUIT

Appellate Division of the Supreme Court of New York, Second Department.
Mar 1, 1928

Order denying defendants' motion to dismiss complaint modified by adding thereto a provision that the question of fact as to the execution of the general release by plaintiff be tried by a jury, the findings to be reported to the court for its action as provided in Civil Practice Rule 108; and as so modified affirmed, without costs. ( Galanti v. Brady Gioe, Inc., 211 App. Div. 858; Rizzuto v. U.S. Shipping Board Emergency Fleet Corp., 213 id. 326.) Lazansky, P.J., Rich, Kapper, Hagarty and Carswell, JJ., concur. Settle order on notice.