POSS v. KENT DRY CLEANERS


23 Misc.2d 922 (1960)

Jacob M. Poss, Appellant, v. Kent Dry Cleaners, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

March 22, 1960.


Attorney(s) appearing for the Case

Jacob M. Poss, appellant in person, and Henry W. Tannen for appellant. Schiff, Dorfman, Stein & Brof for respondent.

Concur — DI GIOVANNA, BENJAMIN and DALY, JJ.


Per Curiam.

The trial court's finding that the defendant breached its agreement is amply supported by the evidence. Although the plaintiff adduced no evidence of any actual damage resulting from the breach, he was entitled to an award of nominal damages. A reversal is required since the failure to award such damages necessarily influenced the question of costs. (National Cash Register Co. v. Schmidt, 48 App...

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