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COHEN v. GREAT A. & P. TEA CO.

39 Misc.2d 769 (1963)

Bride Cohen, Respondent, v. Great Atlantic & Pacific Tea Company, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

May 23, 1963

Attorney(s) appearing for the Case

Weisman, Celler, Allan, Spett & Sheinberg (Emanuel Haber and Lester Samuels of counsel), for appellant.

Spero & Charnin (David R. Weisman of counsel), for respondent.

Concur — BROWN and BENJAMIN, JJ.; HART, J., concurs in memorandum.

Appeal from order dated March 4, 1963 affirmed, with $10 costs and taxable disbursements. No opinion.

Appeal from order dated February 15, 1963 dismissed, without costs, as academic. The latter order was superseded by the order granting reargument.

HART, J. (concurs with the following memorandum).

While I agree with the affirmance of the order granting this 75-year-old plaintiff, who is suffering...

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