RADOSH v. SHIPSTAD


17 A.D.2d 660 (1962)

Florence Radosh, Also Known as Florence Rae, Respondent, v. Eddie H. Shipstad et al., Doing Business as Ice Follies, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 9, 1962


The complaint contains two causes of action, and the defendants asserted a counterclaim. The court dismissed the second cause of action; defendants withdrew their counterclaim. Only the first cause of action for breach of contract was submitted to the jury. Judgment reversed on the law and the facts, and a new trial granted as to the first cause of action, with costs to abide the event. The principal issues tendered by the pleadings with respect to the first cause of action...

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