Applebaum v. Naiberg

Appellate Terms of the Supreme Court of New York

Applebaum v. Naiberg

197 Misc. 317, 97 N.Y.S.2d 702, 1950 N.Y. Misc. LEXIS 1696

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 16, 1950

StatusPublished

This text of 197 Misc. 317 (Applebaum v. Naiberg) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Applebaum v. Naiberg, 197 Misc. 317, 97 N.Y.S.2d 702, 1950 N.Y. Misc. LEXIS 1696 (N.Y. Ct. App. 1950).

Pincite

Opinion

Per Curiam.

It was error to assess damages upon the theory

that the entire garment was rendered worthless in the process of dry cleaning. The evidence does not support such a finding. The proper measure of damages in this case is the difference between the value of the suit as delivered to defendant and its actual value in the condition in which it was returned. (Beyer [318]*318v. Kramer, N. Y. L. J., Jan. 24, 1949, p. 285, col. 6; Gardner v. Gildenblatt, N. Y. L. J., Dec. 22, 1943, p. 1867, col. 4; 1 Clark on New York Law of Damages, § 185, p. 312.)

The judgment should be unanimously reversed upon the law and a new trial granted, with $10 costs to defendant to abide the event.

Steinbrink, Rtjbenstein and Golden, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

It was error to assess damages upon the theory

that the entire garment was rendered worthless in the process of dry cleaning. The evidence does not support such a finding. The proper measure of damages in this case is the difference between the value of the suit as delivered to defendant and its actual value in the condition in which it was returned. (Beyer [318]*318v. Kramer, N. Y. L. J., Jan. 24, 1949, p. 285, col. 6; Gardner v. Gildenblatt, N. Y. L. J., Dec. 22, 1943, p. 1867, col. 4; 1 Clark on New York Law of Damages, § 185, p. 312.)

The judgment should be unanimously reversed upon the law and a new trial granted, with $10 costs to defendant to abide the event.

Steinbrink, Rtjbenstein and Golden, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

197 Misc. 317, 97 N.Y.S.2d 702, 1950 N.Y. Misc. LEXIS 1696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/applebaum-v-naiberg-nyappterm-1950.