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

Appellate Division of the Supreme Court of the State of New York·Decided December 22, 1942·Published

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.)

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

265 A.D. 958 (Long Island Daily Press Publishing Co. v. Uneeda Credit Clothing Stores, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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