Opinion
Decided October 7, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JAMES J. LEFF, J.
Arthur I. Winard for appellant.
Alexander Yunis for D. Gumbiner, Inc., respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in so much of the opinion of the late Justice VINCENT A. LUPIANO at the Appellate Division as addresses the issue of the appropriate measure of damages to be awarded to plaintiff-appellant ( 85 A.D.2d 69).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.