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SHOPWELL, INC. v. HARTZ MOUNTAIN INDUS., INC.

216 A.D.2d 136 (1995)

628 N.Y.S.2d 638

Shopwell, Inc., Respondent, v. Hartz Mountain Industries, Inc., Appellant, and Kane Carpet Company, Respondent

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

June 20, 1995

The jury's apportionment of liability was not against the weight of the evidence (Cohen v Hallmark Cards, 45 N.Y.2d 493) and its determination as to damages was supported by the record. Since the parties stipulated that New Jersey law applied to this matter and since the record supports the conclusion that the relationship between the parties was that of bailor and bailee (see, Upjohn Co. v Timpany,

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