Gellman v. Hotel Corp. of America

This is an application by an order to show cause for an order vacating a judgment entered upon a *522verdict by a jury in favor of the plaintiff in the sum of $1,000, particularly with reference to the interest which was allowed thereon from the date of the occurrence. Action was brought to recover damages for personal injuries based on two theories, negligence and breach of implied warranty of fitness for use in the service of a tuna fish salad containing particles of glass. Upon trial, the cause of action for negligence was withdrawn, and the jury was given the case solely upon the cause of…