New York Court of Appeals, 1977

Damino v. Shapiro

Damino v. Shapiro
New York Court of Appeals · Decided May 3, 1977
41 N.Y. 1072

Damino v. Shapiro

Opinion of the Court

Motion for clarification granted. On appeal to this court, it was determined that petitioner had no duty to mitigate damages. Not presented, briefed, or determined in this court, and hence open for consideration at Supreme Court, was whether the late Mr. Justice Liff’s judgment in the proceeding would permit deduction of moneys earned, if any, which would not have been earned except for the fact that petitioner was not engaged in his county employment. [See 40 NY2d 1056.]

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