STEWART v. MACY & CO.


55 Misc.2d 156 (1967)

Debra Stewart, Also Known as Debra Mayer, an Infant, by Her Guardian ad Litem, Roberta Mayer, et al., Plaintiffs, v. R. H. Macy & Co., Defendant.

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

November 28, 1967


Attorney(s) appearing for the Case

Hartsell & Harrington (S. Victor Spadaro of counsel), for defendant. Stephen A. Wareck and Allan Isaac for plaintiffs.


ALFRED J. CALLAHAN, J.

In this personal injury action brought on behalf of an eight-year-old girl, who was a business invitee in its department store, defendant moves to set aside a verdict for plaintiff as being contrary to the evidence. It also renews its motion made at the end of plaintiffs' case to dismiss the complaint for failure to make out a prima facie case.

It was plaintiffs' contention that...

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