Long Island Daily Press Publishing Co. v. Uneeda Credit Clothing Stores, Inc.

Appellate Division of the Supreme Court of New York

Long Island Daily Press Publishing Co. v. Uneeda Credit Clothing Stores, Inc.

265 A.D. 958, 38 N.Y.S.2d 712, 1942 N.Y. App. Div. LEXIS 6730

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

DecidedDecember 22, 1942

StatusPublished

This text of 265 A.D. 958 (Long Island Daily Press Publishing Co. v. Uneeda Credit Clothing Stores, Inc.) 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

Long Island Daily Press Publishing Co. v. Uneeda Credit Clothing Stores, Inc., 265 A.D. 958, 38 N.Y.S.2d 712, 1942 N.Y. App. Div. LEXIS 6730 (N.Y. Ct. App. 1942).

Pincite

Opinion

Lazansky, P. J., Carswell, Adel and Close, JJ., concur; Johnston, J., dissents and votes to modify the order and judgment on the law by providing that the motion be granted in all respects except as to the amount of damages, and, as thus modified, to affirm the order and judgment, and to remit the matter to the Trial Term for proof and assessment of plaintiff’s damages. The papers on the motion are not sufficient to raise any triable issue except that of the amount of damages. The damages should be measured by the contract price less the amount it would have cost plaintiff to carry out the unperformed portion of the contract. (Stumpf v. Merz, 50 Misc. 543.)

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Lazansky, P. J., Carswell, Adel and Close, JJ., concur; Johnston, J., dissents and votes to modify the order and judgment on the law by providing that the motion be granted in all respects except as to the amount of damages, and, as thus modified, to affirm the order and judgment, and to remit the matter to the Trial Term for proof and assessment of plaintiff’s damages. The papers on the motion are not sufficient to raise any triable issue except that of the amount of damages. The damages should be measured by the contract price less the amount it would have cost plaintiff to carry out the unperformed portion of the contract. (Stumpf v. Merz, 50 Misc. 543.)

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Bluebook (online)

265 A.D. 958, 38 N.Y.S.2d 712, 1942 N.Y. App. Div. LEXIS 6730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-island-daily-press-publishing-co-v-uneeda-credit-clothing-stores-nyappdiv-1942.

Opinion

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