Court of Appeals for the Second Circuit October 19, 1994, Nos. 1731, 1906, Dockets 93-9036, 93-9078 (DeVito v. Hempstead China Shop, Inc.)

MAHONEY, Circuit Judge:

Defendant-appellant-cross-appellee Hemp-stead China Shop, Inc. (“HCS”) appeals from a judgment entered January 20, 1994 hr the United States District Court for the Eastern District of New York, Arthur D. Spatt, Judge.