Greenspan v. 4201 Avenue D Realty Corporation

1 Citing case

  1. Fairview Hardware, Inc. v. Strausman

    9 A.D.2d 944 (N.Y. App. Div. 1959)   Cited 9 times

    In affirming the finding that respondents were guilty of a breach of their contract when they executed the lease for the variety store, the majority has made no finding as to what articles were sold in the variety store in violation of the restrictive covenant. Upon this record, the Special Term did not commit error in refusing to fix substantial damages, nor did it commit reversible error in failing to award nominal damages ( Witkin v. City of New York, 3 A.D.2d 720; Solof v. Heitner, 282 App. Div. 738; cf. Skinner v. Allison, 54 App. Div. 47) and an injunction directed solely against the respondents (see, e.g., Solof v. Heitner, supra; cf. Greenspan v. 4201 Ave. D Realty Corp., 265 App. Div. 967). By failing to modify the judgment to award substantial damages to appellant as this court may and should do if the record were adequate (Civ. Prac. Act, ยงยง 584, 602, 620), the majority impliedly recognizes that the record at the Special Term was not such as could support a judgment for substantial damages.