Leichter v. Eastern Realty Co.

McEWEN, Judge:

We here consider cross appeals from an order which granted the motion of Acme Markets, Inc. (hereinafter referred to as appellee) for a new trial following a verdict in favor of Dorothy Leichter, Executrix of the Estate of Leonard Leichter (hereinafter referred to as appellant). We affirm.

The facts underlying this appeal are aptly summarized in the opinion of the court en banc which considered the post-verdict motions:

Plaintiff brought suit in a representative capacity as executrix of the estate of her deceased husband, who *191suffered a myocardial infarction as the result of being…