Cohen v. Hallmark Cards, Inc.

70 A.D.2d 509 (1979)

Scarlet Cohen, et al., Respondents,

v.

Hallmark Cards, Inc., Appellant and Third-Party Plaintiff. Ken Heyman, Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 3, 1979

Concur — Lane, Lupiano and Silverman, JJ.

Birns, J. P., and Lynch, J., dissent in part and would affirm for the reasons stated in their dissent on the original appeal. (See Cohen v Hallmark Cards, 58 AD2d 770, 771-772.)

Modified, on the facts and in the exercise of discretion, to the extent of reversing and remanding for a new trial on the issue of…