MADDEN v. ATKINS


8 A.D.2d 974 (1959)

Bernard C. Madden et al., Respondents, v. Charles T. Atkins, Individually and as President of New York Association No. 88 of Masters and Mates of the National Organization Masters, Mates and Pilots of America, Inc., et al., Appellants

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

July 28, 1959


Order and judgment of November 25, 1958 reversed, without costs, and matter remitted to the Special Term for further proceedings not inconsistent herewith.

It was, in our opinion, error to compute respondents' loss from May 6, 1957. Respondents suffered no loss by reason of the failure or refusal of appellants to comply with the directions of this court between that date and July 11, 1957 and should, consequently, be compensated only for loss or damage suffered between...

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