Legal Opinion

Weiss v. Miller

New York Court of Appeals

Decided September 10, 1991PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The trial court, as affirmed by the Appellate Division, dismissed plaintiff’s claim for compensatory damages for defendant’s wrongful copying and use of plaintiff’s patient lists. On this record, we find no reason to disturb the conclusion that plaintiff’s proof of lost profits was too speculative. As the trial court stated, plaintiff "produced no hard evidence of any damage”. The court noted that plaintiff’s only proof of damages was the testimony of its accountant who "managed to *981make a great…

2Cited by13 opinions

  1. Kerman v. City of New YorkCourt of Appeals for the Second Circuit · 2004
  2. Reed v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  3. Action House, Inc., Plaintiff-Counter-Defendant-Appellant v. Stanley Koolik, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 1995
  4. National States Electric Corp. v. LFO Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Rao v. VerdeAppellate Division of the Supreme Court of the State of New York · 1995

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