Home/New York Court of Appeals/Up-Front Industries, Inc. v. U. S. Industries, Inc.

Up-Front Industries, Inc. v. U. S. Industries, Inc.

473 N.E.2d 733, 63 N.Y.2d 1004, 484 N.Y.S.2d 505, 1984 N.Y. LEXIS 4757
CourtNew York Court of Appeals
DecidedNovember 15, 1984
StatusPublished
Cited by21 cases

This text of 473 N.E.2d 733 (Up-Front Industries, Inc. v. U. S. Industries, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Up-Front Industries, Inc. v. U. S. Industries, Inc., 473 N.E.2d 733, 63 N.Y.2d 1004, 484 N.Y.S.2d 505, 1984 N.Y. LEXIS 4757 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Order affirmed, with costs. The trial court’s charge on consequential damages, that the jury was to calculate damages on the basis of actual sales and “testimony about projected sales” plaintiffs would have made during the three years following defendants’ breach of contract, was not excepted to and, therefore, became the law applicable to the determination of the case (.Martin v City of Cohoes, 37 NY2d 162). The propriety of this instruction was not preserved for our review.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons. Taking no part: Judge Kaye.

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Bluebook (online)
473 N.E.2d 733, 63 N.Y.2d 1004, 484 N.Y.S.2d 505, 1984 N.Y. LEXIS 4757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/up-front-industries-inc-v-u-s-industries-inc-ny-1984.