Kravetz v. Ichabod Restaurant, Inc.

— Judgment unanimously reversed, on the law and the facts, without costs, and matter remitted to Monroe County Supreme Court for a new trial on the issue of damages only. Memorandum: The trial court found that the defendants breached a written contract for the sale of a mortgage to the plaintiff and it awarded the plaintiff the sum of $9,000 damages. The proper measure of damages is the difference between the market value of the mortgage at the time of the breach and the contract price. In determining the value of a mortgage, there is no hard and fast rule; it is a matter of judgment and all…