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  5. 63 N.Y.2d 728 (1984)
 

ROKINA OPTICAL CO., INC. v. CAMERA KING, INC.

63 N.Y.2d 728 (1984)

Rokina Optical Co., Inc., Respondent, v. Camera King, Inc., Appellant.

Court of Appeals of the State of New York.

Decided September 13, 1984.

Attorney(s) appearing for the Case

Benjamin H. Segal for appellant.

Victor E. Didia for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to Supreme Court for a new trial on the issue of damages.

This action was commenced by summons and complaint alleging that defendant had accepted merchandise delivered by plaintiff for which payment was due. The complaint demanded judgment in the amount of $90,161.30, representing the amount allegedly owed for the...

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