SPITZER v. ABRAHAM & STRAUS


106 Misc.2d 589 (1980)

Donald Spitzer, Plaintiff, v. Abraham & Straus, Defendant.

Civil Court of the City of New York, Queens County.

December 14, 1980


Attorney(s) appearing for the Case

Headley & Zeitlin (Trevor Headley of counsel), for plaintiff. Sheehan, Hackett & Jennings (Robert Ponzan of counsel), for defendant.


EUGENE J. BERKOWITZ, J.

This motion, after trial, is made to set aside a jury verdict rendered in favor of defendant Abraham & Straus, pursuant to CPLR 4404 (subd [a]), on November 14, 1980 based on the contention that the verdict is against the weight of the credible evidence.

The undisputed facts indicate that the plaintiff was using an employee's discount card, issued by the defendant, to make purchases at the defendant's premises in Manhasset...

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