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West, Weir Bartel v. Mary Carter Paint Co.

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1967
29 A.D.2d 526 (N.Y. App. Div. 1967)

Opinion

December 19, 1967


Judgment from which this appeal and cross appeal are taken, unanimously reversed, on the law, without costs or disbursements, the judgment vacated, and the proceedings remanded to the trial court for a finding of the facts which it deemed essential to the decision (CPLR 4213, subd. [b]) upon which the judgment was rendered. It may be noted the minutes or record of the first trial are competent and subject to the consideration of the trial court in determining what, if any, damages were actually sustained by plaintiff, and whether and to what extent plaintiff observed its duty to mitigate damages.

Concur — Botein, P.J., Stevens, Eager, Steuer and McNally, JJ.


Summaries of

West, Weir Bartel v. Mary Carter Paint Co.

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1967
29 A.D.2d 526 (N.Y. App. Div. 1967)
Case details for

West, Weir Bartel v. Mary Carter Paint Co.

Case Details

Full title:WEST, WEIR BARTEL, INC., Appellant-Respondent, v. MARY CARTER PAINT CO.…

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

Date published: Dec 19, 1967

Citations

29 A.D.2d 526 (N.Y. App. Div. 1967)

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