PEASE & ELLIMAN v. KRESS CO.


8 Misc.2d 982 (1957)

Pease & Elliman, Inc., Plaintiff, v. S. H. Kress Co., Defendant.

Supreme Court, Special and Trial Terms, New York County.

October 21, 1957.


Attorney(s) appearing for the Case

Emerson F. Davis for defendant.

Hyman R. Friedman for plaintiff.


OWEN McGIVERN, J.

After a rereading of my trial notes of this somewhat protracted trial, I have, after also some reflection and study, decided I have no other alternative but to grant the defendant's motion to dismiss the complaint, and without reference to the jury, direct a verdict in favor of the defendant.

I arrive at this conclusion with reluctance, realizing that the trial has been a long one, hardly and cleanly fought by two experienced...

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