SAXTON v. PETS WAREHOUSE


180 Misc.2d 377 (1999)

691 N.Y.S.2d 872

Elizabeth Saxton, Respondent, v. Pets Warehouse, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

April 13, 1999


Attorney(s) appearing for the Case

Pets Warehouse, Inc., appellant pro se. Elizabeth Saxton, respondent pro se.

DiPAOLA, P. J., INGRASSIA and LEVITT, JJ., concur.


MEMORANDUM.

Judgment unanimously reversed without costs and matter remanded to the court below for a new trial limited to the issue of damages.

Plaintiff commenced the instant small claims action to recover damages sustained by reason of the fact that the dog sold to her by defendant was not healthy and died soon after purchase. It is apparent from a review of the determination of the lower court that the court...

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