Appellate Division of the Supreme Court of New York, 1968

American Electronics, Inc. v. Neptune Meter Co.

American Electronics, Inc. v. Neptune Meter Co.
Appellate Division of the Supreme Court of New York · Decided May 28, 1968
30 A.D.2d 529; 1968 N.Y. App. Div. LEXIS 3854
American Electronics, Inc. v. Neptune Meter Co.

Opinion of the Court

Judgment reversed, on the law and on the facts, without costs or disbursements; the cause is remanded to the trial court, and a new trial directed limited solely to the issue of compensatory damage. Findings of Fact Nos. 287, 288, 289, 290, 291 and 304 are reversed. Opinion by McNally, J. Concur — Steuer, J. P., Rabin and Bastow, JJ.; Tilzer, J., dissents in an opinion. Order entered on May 24, 1967 unanimously affirmed, without costs or disbursements. The order of this court entered on May 21, 1968 [30 A D 2d 117] is vacated.

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