FAIRVIEW HARDWARE, INC. v. STRAUSMAN


12 A.D.2d 810 (1961)

Fairview Hardware, Inc., Appellant, v. David Strausman et al., Copartners Doing Business as Strausman Construction Co., Respondents

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

January 23, 1961


Judgment insofar as appealed from modified on the law and the facts by increasing the award of damages from six cents to $720. As so modified, the judgment is affirmed, with costs to plaintiff. Findings of fact inconsistent herewith are reversed, and new findings are made as indicated herein.

In our opinion, the proof warrants a finding that defendants' breach of the covenant caused a decrease of $72 a year in the rental value of plaintiff's store, or a total decrease...

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