Opinion
May 20, 1958
Order so far as appealed from unanimously affirmed, without costs. On this state of the pleadings it is not necessary to determine all the rules of substantive law applicable to the right to recover substantial damages as distinguished from special damages, nor to determine all of the factors relevant to the mitigation of damages depending upon the acts of the parties.
Concur — Breitel, J.P., Rabin, McNally, Stevens and Bergen, JJ. [ 7 Misc.2d 508.]