Legal Opinion

Buchwald v. Waldron

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 1991PublishedCited by 1 opinion

1Opinion of the Court

—Appeal from a judgment of the Supreme Court (Dier, J.), entered May 10, 1990 in Warren County, upon a decision of the court in favor of plaintiff.

Plaintiff’s only contention on appeal is that, based on the evidence presented at the nonjury trial, Supreme Court’s award of $300 in damages for defendant’s breach of contract was inadequate. Supreme Court has failed to indicate the rationale and factual basis for its determination of damages (see, CPLR 4213 [b]), thereby precluding effective appellate review. Consequently, we must remit for a detailed finding as to how the court arrived at its…

2Cases cited2 opinions

  1. Novak & Co. v. Facilities Development Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Woodruff v. CastaldoAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by1 opinion

  1. Buchwald v. WaldronAppellate Division of the Supreme Court of the State of New York · 1992

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