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Swetlow v. Zindorest Park, Inc.

202 Misc. 628 Court Supreme Court, Appellate Term, First Department, Decision date 1952-07-02 English

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p. 628
Ruth Swetlow et al., Respondents, v. Zindorest Park, Inc., Appellant.
Supreme Court, Appellate Term, First Department,
July 2, 1952.
John J. Cunneen for appellant.
Jules H. Enrich and Daniel P. Hays for respondents.

While the direction of a verdict for plaintiffs as matter of law was proper (General Business Law, § 201), the issue of damages was for the jury.

The judgment should be modified by directing judgments for plaintiffs and remitting the case to the court below for the assessment of damages, with costs.

Hammer, Hopstadter and Schreiber, JJ., concur.

Judgment accordingly.

Statutes and regulations cited