Damino v. Shapiro

New York Court of Appeals

Damino v. Shapiro

41 N.Y. 1072

DecidedMay 3, 1977

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This text of 41 N.Y. 1072 (Damino v. Shapiro) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Damino v. Shapiro, 41 N.Y. 1072 (N.Y. 1977).

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Opinion

Motion for clarification granted. On appeal to this court, it was determined that petitioner had no duty to mitigate damages. Not presented, briefed, or determined in this court, and hence open for consideration at Supreme Court, was whether the late Mr. Justice Liff’s judgment in the proceeding would permit deduction of moneys earned, if any, which would not have been earned except for the fact that petitioner was not engaged in his county employment. [See 40 NY2d 1056.]

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Motion for clarification granted. On appeal to this court, it was determined that petitioner had no duty to mitigate damages. Not presented, briefed, or determined in this court, and hence open for consideration at Supreme Court, was whether the late Mr. Justice Liff’s judgment in the proceeding would permit deduction of moneys earned, if any, which would not have been earned except for the fact that petitioner was not engaged in his county employment. [See 40 NY2d 1056.]

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41 N.Y. 1072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/damino-v-shapiro-ny-1977.

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