Wallack Freight Lines, Inc. v. Dolfini

Appellate Division of the Supreme Court of New York

Wallack Freight Lines, Inc. v. Dolfini

249 A.D.2d 297, 670 N.Y.S.2d 343, 1998 N.Y. App. Div. LEXIS 3636

Appellate Division of the Supreme Court of the State of New York·Decided April 6, 1998·Published

Opinion

—In a consolidated action in which the plaintiff, Wallack Freight Lines, Inc., seeks a refund of a security deposit and the defendant, Andrew J. Dolfini, seeks, inter alia, damages for injury to the leased premises, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Robbins, J.H.O.), entered January 7, 1997, as, after a nonjury trial and a “cancelling verdict”, is in favor of the plaintiff and against him on his claim for damages for injury to the leased premises.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The defendant failed to prove the element of damages on his claim for injury to the leased premises (see, Rennert Diana & Co. v Kin Chevrolet, 137 AD2d 589, 590; CPLR 4533-a). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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—In a consolidated action in which the plaintiff, Wallack Freight Lines, Inc., seeks a refund of a security deposit and the defendant, Andrew J. Dolfini, seeks, inter alia, damages for injury to the leased premises, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Robbins, J.H.O.), entered January 7, 1997, as, after a nonjury trial and a “cancelling verdict”, is in favor of the plaintiff and against him on his claim for damages for injury to the leased premises.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The defendant failed to prove the element of damages on his claim for injury to the leased premises (see, Rennert Diana & Co. v Kin Chevrolet, 137 AD2d 589, 590; CPLR 4533-a). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

Wallack Freight Lines, Inc. v. Dolfini, 249 A.D.2d 297, 670 N.Y.S.2d 343, 1998 N.Y. App. Div. LEXIS 3636 (N.Y. Ct. App. 1998).

Pincite

249 A.D.2d 297 (Wallack Freight Lines, Inc. v. Dolfini) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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