KANE v. HARRIS


277 A.D. 895 (1950)

Irving Kane, Appellant, v. Thomas S. Harris et al., Defendants, and Cleervue Television Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 19, 1950.


For the purposes of the new hearing the findings of the Official Referee are reversed. Assuming that the circumstances warranted continuance of operation for the month of June, 1948, by respondent in Brooklyn, the loss, if any, suffered by respondent as the result of the injunction was not shown by competent proof. This ordinarily would consist of cost of operation minus reasonable value of product, or, if sold, the price thereof, so as to fix the actual loss of respondent...

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