APPLEBAUM v. NAIBERG


197 Misc. 317 (1950)

Simon Applebaum, Respondent, v. David Naiberg, Doing Business as Brighton Cleaners, Appellant.

Supreme Court, Appellate Term, Second Department.

March 16, 1950.


Attorney(s) appearing for the Case

Henry Gallop for appellant.

Joseph Goldstein for respondent.

STEINBRINK, RUBENSTEIN and COLDEN, JJ., concur.


Per Curiam.

It was error to assess damages upon the theory that the entire garment was rendered worthless in the process of dry cleaning. The evidence does not support such a finding. The proper measure of damages in this case is the difference between the value of the suit as delivered to defendant and its actual value in the condition in which it was returned. (Beyer v. Kramer, N. Y. L. J., Jan. 24, 1949...

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