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PFEIFFER v. EMPIRE MERCH. CO.

33 A.D.2d 565 (1969)

Hans Pfeiffer, Respondent, v. Empire Merchandising Co., Appellant

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

October 15, 1969

Order affirmed, with costs to respondent.

The question of defendant's liability was properly submitted to the jury (Funk v. Kaiser-Frazer Sales Corp., 23 A.D.2d 771; Spiegel v. Saks 34th St., 43 Misc.2d 1065, affd. 26 A.D.2d 660). The Trial Justice could properly set aside the verdict as inadequate and order a new trial solely on the issue...

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