Tobin v. Union News Co.

Order appealed from affirmed, with costs, judgment absolute ordered for plaintiff on the stipulation, and case remitted to Supreme Court, Onondaga County, for determination of the amount of damages sustained by plaintiff because of the nonperformance of the covenant requiring defendant to convert the *1157second floor to provide banquet and restaurant facilities. Such damages are to be limited to the reasonable cost of the work, materials and fixtures necessary to effect such conversion as will be appropriate and in keeping with the lower floor restaurant (see Jones v. Seligman, 81 N. Y. 190, 196;…