WEISS v. DAITCH-SHOPWELL SUPERETTES


50 Misc.2d 735 (1966)

Ella Weiss et al., Plaintiffs, v. Daitch-Shopwell Superettes, Inc., Defendant.

Civil Court of City of New York, Trial Term, New York County.

June 17, 1966


Attorney(s) appearing for the Case

Bernard Helfenstein (Harold S. Herman of counsel), for defendant. Kaufman, Gordon & Kessley (Edwin Kaufman of counsel), for plaintiffs.


ARNOLD L. FEIN, J.

Defendant moves to set aside a jury verdict for $7,500 in favor of plaintiff Ella Weiss and to dismiss the action, notwithstanding the verdict, because of plaintiff's failure to establish a prima facie case, or for a mistrial on the ground that the court improperly admitted certain evidence, or to reduce the verdict as excessive.

Plaintiff testified that she entered defendant's supermarket and walked down the aisle which was...

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