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  5. 28 A.D.2d 923 (1967)
 

SPETT v. PRESIDENT MONROE BLDG. & MFG. CORP.

28 A.D.2d 923 (1967)

Henry C. Spett, Appellant, v. President Monroe Building & Manufacturing Corp., Defendant, and Rose Levine, Doing Business as Harvey Printing Co., Respondent

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

July 10, 1967

In our opinion, the jury's verdict was against the weight of the evidence.

Benjamin, J. concurs in reversal of the judgment but votes to reinstate the jury's verdict, in plaintiff's favor, with the following memorandum:

When the Court of Appeals reversed our previous affirmance of the trial court's judgment setting aside the jury verdict for plaintiff as against defendant Rose Levine, and dismissing the complaint as against her (

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