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Brauner v. Columbia Broadcasting System, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 306 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Supreme Court, Queens County (Milano, J.).


Ordered that the order is reversed, on the law, with costs, the defendants' motion is granted, and the plaintiff's cause of action for compensatory damages is dismissed.

The defendants' motion papers made a prima facie showing that the only measure of the plaintiff's damages would be lost profits, and that such damages were incapable of proof with reasonable certainty (see, Ashland Mgt. v Janien, 82 N.Y.2d 395). It was thereupon incumbent on the plaintiff to produce evidence in admissible form to establish the existence of a material issue of fact. Having only submitted an attorney's affirmation in opposition, the plaintiff failed to meet his burden (see, Zuckerman v City of New York, 49 N.Y.2d 557). Sullivan, J.P., Thompson, Copertino, Krausman and Florio, JJ., concur.


Summaries of

Brauner v. Columbia Broadcasting System, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 306 (N.Y. App. Div. 1995)
Case details for

Brauner v. Columbia Broadcasting System, Inc.

Case Details

Full title:HERBERT BRAUNER, Respondent, v. COLUMBIA BROADCASTING SYSTEM, INC., et…

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 306 (N.Y. App. Div. 1995)
633 N.Y.S.2d 530

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