Alter v. O'Hare

Appellate Division of the Supreme Court of New York

Alter v. O'Hare

61 A.D.2d 972, 402 N.Y.S.2d 795, 1978 N.Y. App. Div. LEXIS 10580

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 1978

StatusPublished

This text of 61 A.D.2d 972 (Alter v. O'Hare) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alter v. O'Hare, 61 A.D.2d 972, 402 N.Y.S.2d 795, 1978 N.Y. App. Div. LEXIS 10580 (N.Y. Ct. App. 1978).

Pincite

Opinion

In a derivative action brought by a limited partner of a limited partnership to recover damages for breach of an escrow agreement, defendant appeals from a judgment of the Supreme Court, Westchester County, entered June 29, 1977, which, after a nonjury trial, is in favor of plaintiff. Judgment reversed, on the facts, without costs or disbursements, and action remanded to Trial Term for further proceedings consistent herewith. On the record presented, it is clear that defendant breached the escrow agreement. However, it is not clear what damages were suffered by the limited partnership on whose behalf this action was brought as a result of the breach. We, therefore, remand the action to Trial Term for a new determination as to the amount of damages, if any, sustained by the limited partnership. Hopkins, J. P., Martuscello, Latham and O’Connor, JJ., concur.

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In a derivative action brought by a limited partner of a limited partnership to recover damages for breach of an escrow agreement, defendant appeals from a judgment of the Supreme Court, Westchester County, entered June 29, 1977, which, after a nonjury trial, is in favor of plaintiff. Judgment reversed, on the facts, without costs or disbursements, and action remanded to Trial Term for further proceedings consistent herewith. On the record presented, it is clear that defendant breached the escrow agreement. However, it is not clear what damages were suffered by the limited partnership on whose behalf this action was brought as a result of the breach. We, therefore, remand the action to Trial Term for a new determination as to the amount of damages, if any, sustained by the limited partnership. Hopkins, J. P., Martuscello, Latham and O’Connor, JJ., concur.

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Bluebook (online)

61 A.D.2d 972, 402 N.Y.S.2d 795, 1978 N.Y. App. Div. LEXIS 10580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alter-v-ohare-nyappdiv-1978.