Argued October 17, 1984
Decided November 15, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Arnold Guy Fraiman, J.
William F. Sondericker, Job Taylor, III, and Jeffrey H. Sheetz for appellants.
Lois Sylor Yohonn and Dennis H. Lewitas for respondents.
Order affirmed, with costs. The trial court's charge on consequential damages, that the jury was to calculate damages on the basis of actual sales and "testimony about projected sales" plaintiffs would have made during the three years following defendants' breach of contract, was not excepted to and, therefore, became the law applicable to the determination of the case ( Martin v City of Cohoes, 37 N.Y.2d 162). The propriety of this instruction was not preserved for our review.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS. Taking no part: Judge KAYE.