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New York Supreme Court, 1952

Swetlow v. Zindorest Park, Inc.

Swetlow v. Zindorest Park, Inc.
New York Supreme Court · Decided July 2, 1952
202 Misc. 628; 116 N.Y.S.2d 208; 1952 N.Y. Misc. LEXIS 1839

Counsel

John J. Cunneen for appellant., Jules H. Enrich and Daniel P. Hays for respondents.

Swetlow v. Zindorest Park, Inc.

Opinion of the Court

Per Curiam.

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.

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