Schneider v. New York Ellbee Furriers Corp.

Appellate Terms of the Supreme Court of New York

Schneider v. New York Ellbee Furriers Corp.

188 Misc. 89, 67 N.Y.S.2d 269, 1946 N.Y. Misc. LEXIS 3226

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 19, 1946

StatusPublished

This text of 188 Misc. 89 (Schneider v. New York Ellbee Furriers Corp.) 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

Schneider v. New York Ellbee Furriers Corp., 188 Misc. 89, 67 N.Y.S.2d 269, 1946 N.Y. Misc. LEXIS 3226 (N.Y. Ct. App. 1946).

Pincite

Opinion

Per Curiam.

Evidence is lacking of the damage suffered by plaintiff. The measure of damage is the difference between the [90]*90value of the article if the work was done properly and the actual value of the article in the condition in which it was returned' (Chaityn v. Stock, 120 N. Y. S. 89).

The judgment should be reversed, judgment directed for plaintiff and case remitted to the court below for the assessment of damages. The order should be affirmed.

McLaughlin, Eder and Hecht, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

Evidence is lacking of the damage suffered by plaintiff. The measure of damage is the difference between the [90]*90value of the article if the work was done properly and the actual value of the article in the condition in which it was returned' (Chaityn v. Stock, 120 N. Y. S. 89).

The judgment should be reversed, judgment directed for plaintiff and case remitted to the court below for the assessment of damages. The order should be affirmed.

McLaughlin, Eder and Hecht, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

188 Misc. 89, 67 N.Y.S.2d 269, 1946 N.Y. Misc. LEXIS 3226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-new-york-ellbee-furriers-corp-nyappterm-1946.