Saxton v. Pets Warehouse, Inc.

*378OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs and matter remanded to the court below for a new trial limited to the issue of damages.

Plaintiff commenced the instant small claims action to recover damages sustained by reason of the fact that the dog sold to her by defendant was not healthy and died soon after purchase. It is apparent from a review of the determination of the lower court that the court was of the opinion that the animal was unfit for purchase at the time of sale and that plaintiff acted reasonably in her care of the animal. While such a…