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Good Karma Productions v. Penthouse International, Ltd.

Appellate Division of the Supreme Court of New York, First Department
May 25, 1982
88 A.D.2d 561 (N.Y. App. Div. 1982)

Opinion

May 25, 1982


Judgment, Supreme Court, New York County (Fraiman, J.), entered March 6, 1981 upon a jury verdict in favor of plaintiff, modified, on the law, to reduce the amount of the judgment to 6 cents, with costs. The jury question was as to the existence of an oral contract between the parties, breached by defendant, and the jury so found. In this connection, see the court's memorandum on appeal from an earlier trial ( 74 A.D.2d 513). However, the record is completely devoid of proof of any damage sustained by plaintiff. The evidence was therefore insufficient to sustain the substantial money judgment in plaintiff-respondent's favor. "The plaintiff was * * * entitled as matter of law to an award of nominal damages" ( Manhattan Sav. Inst. v. Gottfried Baking Co., 286 N.Y. 398, 400), and "the amount * * * plaintiff would have realized was not ascertained with adequate certainty and, as a consequence, plaintiff may recover nominal damages only." ( Freund v. Washington Sq. Press, 34 N.Y.2d 379, 384-385.)

Concur — Kupferman, J.P., Sullivan, Markewich, Fein and Asch, JJ.


Summaries of

Good Karma Productions v. Penthouse International, Ltd.

Appellate Division of the Supreme Court of New York, First Department
May 25, 1982
88 A.D.2d 561 (N.Y. App. Div. 1982)
Case details for

Good Karma Productions v. Penthouse International, Ltd.

Case Details

Full title:GOOD KARMA PRODUCTIONS, Respondent, v. PENTHOUSE INTERNATIONAL, LTD.…

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

Date published: May 25, 1982

Citations

88 A.D.2d 561 (N.Y. App. Div. 1982)
450 N.Y.S.2d 486

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