Gordon v. Mercury Radio & Battery Corp.

Appellate Division of the Supreme Court of New York

Gordon v. Mercury Radio & Battery Corp.

140 A.D.2d 943, 529 N.Y.S.2d 622, 1988 N.Y. App. Div. LEXIS 5781

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

DecidedMay 27, 1988

StatusPublished

This text of 140 A.D.2d 943 (Gordon v. Mercury Radio & Battery Corp.) 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

Gordon v. Mercury Radio & Battery Corp., 140 A.D.2d 943, 529 N.Y.S.2d 622, 1988 N.Y. App. Div. LEXIS 5781 (N.Y. Ct. App. 1988).

Pincite

Opinion

However, admissible evidence did support the court’s conclusion that plaintiff’s lost profit per unit was $8. Based on this per-unit profit, plaintiff’s damages arising from defendants’ breach of contract are $132,192. After factoring in the credits due to the parties from related actions, plaintiff is granted judgment against defendants in the sum of $89,368, plus interest from March 1, 1982. (Appeal from judgment of Supreme Court, Erie County, Flaherty, J. — accounting.) Present —Doerr, J. P., Denman, Green, Lawton and Davis, JJ.

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However, admissible evidence did support the court’s conclusion that plaintiff’s lost profit per unit was $8. Based on this per-unit profit, plaintiff’s damages arising from defendants’ breach of contract are $132,192. After factoring in the credits due to the parties from related actions, plaintiff is granted judgment against defendants in the sum of $89,368, plus interest from March 1, 1982. (Appeal from judgment of Supreme Court, Erie County, Flaherty, J. — accounting.) Present —Doerr, J. P., Denman, Green, Lawton and Davis, JJ.

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Bluebook (online)

140 A.D.2d 943, 529 N.Y.S.2d 622, 1988 N.Y. App. Div. LEXIS 5781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-mercury-radio-battery-corp-nyappdiv-1988.