COLASURDO v. WALDBAUM'S FORTY-ONE, INC.


57 A.D.2d 602 (1977)

Christine Colasurdo, Respondent, v. Waldbaum's Forty-One, Inc., Appellant

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

April 25, 1977


Judgment affirmed, with costs.

There was ample evidence, if believed by the jury, as it apparently was, to sustain the verdict. While the Trial Judge's charge could have been more detailed in marshaling the facts in relation to the applicable law, nevertheless, it was adequate and presented the case fairly to the jury. Furthermore, no exceptions to the charge were taken by defendant's counsel.

Martuscello, Acting P. J., dissents and votes to reverse...

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