Howard v. Handler Bros. & Winell, Inc.

The complaint in this case sets forth two causes of action based on the same events, the first founded on a breach of contract by the defendant and the second on defendant’s negligence. The first cause of action was dismissed by the court and the second submitted to the jury, which returned a verdict for the plaintiff in the amount of $3,477. The defendant has moved, pursuant to section 457-a of the Civil Practice Act, for a directed verdict in favor of the plaintiff in the amount of $10.

The cause of action which was submitted to the jury alleged that on or about May 12, 1949, the plaintiff…