Legal Opinion
Conticommodity Services, Inc. v. Haltmier
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 1979PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Plaintiff seeks to foreclose a mortgage and to recover money-damages. Defendant appeals from (1) a judgment which (a) granted foreclosure and (b) awarded plaintiff the sum of $61,747.76 as damages, and (2) a subsequent order of the same court which denied his motion for a new trial.
The judgment should be modified so as to reduce the amount awarded therein as damages to reflect the sums, if any, actually collected from defendant’s customers but not yet reflected in the judgment, and the matter remanded to Trial Term to determine, after a hearing if one is necessary, the…
3Cases cited4 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Sherwood v. . StoneNew York Court of Appeals · 1856
- Siegel Trading Co., Inc. v. UngarDistrict Court, S.D. New York · 1976
- Walker Discount Corp. v. Valley Banquet Hall, Inc.New York Supreme Court · 1962
4Cited by9 opinions
- Dean Witter Reynolds Inc. v. RossAppellate Division of the Supreme Court of the State of New York · 1980
- Klepner v. Codata Corp.New York Supreme Court · 1988
- Rivers v. Butterhill RealtyAppellate Division of the Supreme Court of the State of New York · 1988
- Maggione v. Bero Construction Corp.New York Supreme Court · 1980
- Falk v. FFF Industries, Inc.District Court, S.D. New York · 1990
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