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

Appellate Division of the Supreme Court of the State of New York·Decided May 27, 1988·Published

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.

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).

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140 A.D.2d 943 (Gordon v. Mercury Radio & Battery Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.