New York Court of Appeals, 1959

Bove Finishing Co. v. Wertsville Industries, Inc.

Bove Finishing Co. v. Wertsville Industries, Inc.
New York Court of Appeals · Decided January 22, 1959
5 N.Y.2d 934

Bove Finishing Co. v. Wertsville Industries, Inc.

Opinion of the Court

Judgment of Appellate Division modified by dismissing the third cause of action, insofar as it sets forth a claim for loss of profits, upon the ground that the evidence is insuEcient as a matter of law to support the finding that defendant was chargeable for loss of profits in the amount of $1,425 and, as so modified, aErmed in all other respects with costs to respondent. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Van Voorhis and Burke. Judges Fund and Froessel dissent and vote to aErm.

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