McDermott v Coffee Beanery
2004 NYSlipOp 04108
Decided on May 20, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on May 20, 2004
Nardelli, J.P., Mazzarelli, Saxe, Lerner, JJ.
2982

[*1]Siobhan McDermott, et al., Plaintiffs-Respondents,

v

Coffee Beanery, Ltd., Defendant, Love and Quiches Desserts, Defendant-Appellant. [And a Third-Party Action]





Goldman & Grossman, Esqs., New York (Eleanor R. Goldman
of counsel), for appellant.
William D. Fireman, New York, for respondents.

Order, Supreme Court, New York County (Ralph Boniello, J.), entered June 11, 2003, reversed, on the law, the facts and in the exercise of discretion, without costs, plaintiffs' motion to set aside the verdict denied and the jury verdict reinstated.

Opinion by Nardelli, J.P. All concur except Saxe, J. who concurs in a separate Opinion.

Order filed.