MRACHEK v. SUNSHINE BISCUIT


202 Misc. 527 (1952)

Vera Mrachek, Plaintiff, v. Sunshine Biscuit, Inc., et al., Defendants.

Supreme Court, Trial Term, New York County.

October 15, 1952.


Attorney(s) appearing for the Case

David M. Fink and Jacquin Frank for plaintiff.

Desmond T. Barry for Sunshine Biscuit, Inc., defendant.


DICKSTEIN, J.

Plaintiff has sustained personal injuries and in this action seeks recovery of damages. The individual defendant, a physician, is not now a party. It is conceded that the corporate defendant may be cast in damages only upon the theory of respondeat superior. The parties have waived trial by jury. They have submitted fully their proofs and arguments in relation to the preliminary issue of...

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