Levy v. Joseph P. Day, Inc.

The action was for breach of contract to recover damages for public indignity and humiliation suffered as a result of the acts and statements of defendant’s special officer which resulted in plaintiff’s being thrown from a rocking chair by another of defendant’s patrons. Plaintiff was awarded nominal damages after a trial before a Municipal Court justice without a jury. Plain*453tiff moved to set the decision aside. The motion was granted and a new trial ordered, with a jury. Upon appeal to the Appellate Term from the judgment in favor of plaintiff after such new trial, defendant attempted to…