Hoffman v. Kaufman Carpet-Jamaica, Inc.

Appellate Terms of the Supreme Court of New York

Hoffman v. Kaufman Carpet-Jamaica, Inc.

13 Misc. 2d 439, 180 N.Y.S.2d 562, 1958 N.Y. Misc. LEXIS 3039

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1958

StatusPublished

This text of 13 Misc. 2d 439 (Hoffman v. Kaufman Carpet-Jamaica, Inc.) 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

Hoffman v. Kaufman Carpet-Jamaica, Inc., 13 Misc. 2d 439, 180 N.Y.S.2d 562, 1958 N.Y. Misc. LEXIS 3039 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The evidence clearly established that there was a mutual cancellation of the agreement between the parties. Plaintiff therefore was entitled only to the return of the deposit made under that agreement. Furthermore, plaintiff failed to adduce proper proof of damages (cf. Buyer v. Mercury Tech. Cloth & Felt Corp., 301 N. Y. 74).

The judgment should be unanimously modified upon the law and the facts by reducing the amount of the recovery against defendant to $160, with appropriate costs in the court below, and as so modified affirmed, without costs of this appeal to either party.

Concur — Pette, Hart and Brown, JJ.

Judgment modified, etc.

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