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BERNSTEIN v. OLIAN

77 F.Supp. 672 (1948)

BERNSTEIN v. OLIAN et al.

District Court, S. D. New York.

May 11, 1948.

Attorney(s) appearing for the Case

Hatch, Wolfe & Nash, of New York City (Benjamin H. Siff, of New York City, of counsel), for plaintiff.

Leo F. Potts, of New York City (Charles H. Lane and I. Maurice Wormser, both of New York City, of counsel), for defendant Ems Corp.

RIFKIND, District Judge.

After the jury had rendered a verdict in favor of the plaintiff against defendant Ems Corporation, for $102,500 and exonerating defendants Olian and Cantor, defendant Ems Corporation moved to set aside the verdict and dismiss the complaint or for a new trial.

The jury could find as to the Ems Corporation (hereinafter Ems): (1) Ems was the owner of the building and the lessor of the store premises where the accident causing the injuries...

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