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Guss v. Sibarco Stations, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 4, 1974
43 A.D.2d 833 (N.Y. App. Div. 1974)

Opinion

January 4, 1974


In an action by a vendor to recover damages for breach of a contract to sell real property, defendant appeals from a judgment of the Supreme Court, Westchester County, entered January 18, 1972, in favor of plaintiff, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered. In our opinion it was error, under the facts of this case, for the trial court, after request by defendant's counsel, to fail to charge the jury that it could consider the issuance of the permit for a gasoline service station on the issue of fair market value on the day of the breach. Rabin, P.J., Hopkins, Munder, Martuscello and Latham, JJ., concur.


Summaries of

Guss v. Sibarco Stations, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 4, 1974
43 A.D.2d 833 (N.Y. App. Div. 1974)
Case details for

Guss v. Sibarco Stations, Inc.

Case Details

Full title:OSCAR W. GUSS, Respondent, v. SIBARCO STATIONS, INC., ATLANTIC REFINING…

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

Date published: Jan 4, 1974

Citations

43 A.D.2d 833 (N.Y. App. Div. 1974)