KOWALSKI v. LOBLAWS, INC.


61 A.D.2d 340 (1978)

Walter Kowalski, Appellant-Respondent, v. Loblaws, Inc., Respondent-Appellant

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

March 1, 1978


Attorney(s) appearing for the Case

Mannie Neri (Irwin Birnbaum of counsel), for appellant-respondent.

Arthur M. Green for respondent-appellant.

MARSH, P. J., CARDAMONE, HANCOCK, JR., and WITMER, JJ., concur.


DILLON, J.

Plaintiff appeals from an order setting aside a jury verdict in favor of plaintiff in the sum of $40,000 and ordering a new trial upon the grounds that the verdict was against the weight of the evidence and was excessive. Defendant cross-appeals from so much of the order as denied its motion for judgment notwithstanding the verdict, and which denied its renewed motion for a mistrial on the ground that...

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