Bergmann v. Daino

Appeal from a judgment of the Supreme Court, Tompkins County, entered on a jury verdict, in favor of respondent in the amount of $8,548.65 plus costs on the grounds that the judgment is against the weight of the evidence and also excessive. At about 2:00 p.m. on September 9, 1963, respondent entered the carry-out section of the appellant’s restaurant to purchase some food. Having ordered his food, the respondent asked the counterman for directions to the men’s room, and was directed to take a door at the rear of the carry-out section, through the kitchen, to an adjoining dining room which was…