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TRIMARCO v. KLEIN

82 A.D.2d 20 (1981)

Vincent N. Trimarco et al., Respondents-Appellants, v. Irving Klein et al., Individually and as Copartners Doing Business as Glenbriar Company, Appellants-Respondents

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

July 9, 1981

Attorney(s) appearing for the Case

Thomas R. Newman of counsel (Louis G. Adolfsen with him on the brief; Cardo & Sforza by Toberoff & Broome, attorneys), for respondents-appellants.

Norman H. Dachs of counsel (Lewis I. Wolf with him on the brief; Shayne, Dachs, Stanisci & Harwood, attorneys), for appellants-respondents.

BIRNS, J. P., SULLIVAN and LYNCH, JJ., concur; FEIN, J., concurs in part and dissents in part in an opinion and SANDLER, J., dissents in a separate opinion.

Per Curiam.

In this personal injury action in which plaintiff's forearm and side were severely gashed during the night of July 10, 1976, when the untempered glass door of his bathtub enclosure shattered, the parties cross-appeal from a judgment entered May 5, 1980, Supreme Court, Bronx County, in favor of plaintiff and against defendant in the sum of $240,656. The judgment was entered upon a jury verdict (after trial...

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