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Buchwald v. Waldron

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1991
174 A.D.2d 895 (N.Y. App. Div. 1991)

Opinion

June 13, 1991

Appeal from the Supreme Court, Warren County (Dier, J.).


Plaintiff's only contention on appeal is that, based on the evidence presented at the nonjury trial, Supreme Court's award of $300 in damages for defendant's breach of contract was inadequate. Supreme Court has failed to indicate the rationale and factual basis for its determination of damages (see, CPLR 4213 [b]), thereby precluding effective appellate review. Consequently, we must remit for a detailed finding as to how the court arrived at its calculation of damages (see, Woodruff v Castaldo, 110 A.D.2d 1040, 1041-1042; Novak Co. v Facilities Dev. Corp., 109 A.D.2d 1013, 1014).

Mikoll, J.P., Yesawich Jr., Levine, Mercure and Crew III, JJ., concur. Ordered that the decision is withheld, and matter remitted to the Supreme Court for further proceedings not inconsistent with this court's decision.


Summaries of

Buchwald v. Waldron

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1991
174 A.D.2d 895 (N.Y. App. Div. 1991)
Case details for

Buchwald v. Waldron

Case Details

Full title:WILLIAM L. BUCHWALD, Appellant, v. JAY F. WALDRON, Respondent

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 13, 1991

Citations

174 A.D.2d 895 (N.Y. App. Div. 1991)

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