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TOBIN v. UNION NEWS CO.

13 N.Y.2d 1155 (1964)

Edward J. Tobin, Respondent, v. Union News Company, Appellant.

Court of Appeals of the State of New York.

Decided January 23, 1964.

Attorney(s) appearing for the Case

Saul H. Alderman for appellant.

Charles E. Cooney, Jr., and James A. Martin for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI. Taking no part: Judge BERGAN.

Order appealed from affirmed, with costs, judgment absolute ordered for plaintiff on the stipulation, and case remitted to Supreme Court, Onondaga County, for determination of the amount of damages sustained by plaintiff because of the nonperformance of the covenant requiring defendant to convert the second floor to provide banquet and restaurant facilities. Such damages are to be limited to the reasonable cost of the work, materials...

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