U. S. VITAMIN & PHARM. CORP. v. CAPITOL COLD STORAGE CO., INC.


21 A.D.2d 661 (1964)

U. S. Vitamin & Pharmaceutical Corporation, Respondent, v. Capitol Cold Storage Company, Inc., Appellant, and Polytemp, Inc., Appellant-Respondent

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

May 21, 1964


Judgment entered March 21, 1963, in favor of plaintiff in the sum of $15,858.62 in a property damage action, unanimously modified on the law, on the facts and in the interests of justice, to the extent of directing a new trial on the cross complaint of defendant Capitol Cold Storage Company, Inc., against defendant Polytemp, Inc., with costs to abide the event, and, as so modified, affirmed, with costs to plaintiff-respondent.

The evidence is to the effect that the...

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