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SINGER v. WALKER

39 A.D.2d 90 (1972)

Frederick F. Singer et al., Respondents, v. Alan Walker, Doing Business as Walker's Minerals, Defendant, and Estwing Manufacturing Co., Inc., Also Known as Estwing Manufacturing Company, Appellant

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

May 11, 1972.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Abraham Burstein and Anthony J. McNulty with him on the brief; Zelby & Burstein, attorneys), for appellant.

Harry L. Koenig for respondents.

NUNEZ, J. P., and KUPFERMAN, J., concur with TILZER, J.; McNALLY, J., dissents in an opinion.

TILZER, J.

Defendant appeals from a judgment in favor of plaintiff Michael Singer, in the amount of $130,000, and in favor of plaintiff Frederick Singer in the amount of approximately $2,000.

In February of 1960 plaintiff Michael Singer received as a birthday present from his aunt a 14-ounce geologist's hammer. It was this hammer which caused the complained of...

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