GOLDSTEIN v. LINDEN REST. CORP.


18 A.D.2d 671 (1962)

Irving Goldstein, Respondent, v. Linden Restaurant Corporation, Doing Business under the Name of Adventurers Inn, Appellant

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

December 10, 1962


Judgment reversed on the law and a new trial ordered, with costs to abide the event, unless, with 30 days after entry of the order hereon, plaintiff file and serve a written stipulation consenting to reduce to $1,300 the amount of the verdict in his favor, in which event the judgment, as so reduced, is affirmed, without costs.

Plaintiff's proof was that he bit upon a piece of glass in a frankfurter purchased at defendant...

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