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MRACHEK v. SUNSHINE BISCUIT

283 A.D. 105 (1953)

Vera Mrachek, Respondent, v. Sunshine Biscuit, Inc., Appellant, et al., Defendants

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

December 15, 1953.

Attorney(s) appearing for the Case

Jacquin Frank for respondent.

Joseph J. Brophy of counsel (Desmond T. Barry with him on the brief; Tippett, Cotter & Carey, attorneys), for appellant.

PECK, P. J., and BOTEIN, J., concur with COHN, J.; DORE and CALLAHAN, JJ., dissent and vote to reverse and dismiss the complaint, in opinion.

COHN, J.

The action was brought to recover damages for personal injuries (202 Misc. 527). After a trial without a jury, plaintiff was awarded the sum of $15,000. Later, upon reargument, the court raised the amount to the sum of $30,000. It is from the judgment entered thereon that defendant Sunshine Biscuit, Inc., appeals.

Appellant is engaged in the business of baking...

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