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GABRIEL INDUS., INC. v. DEFIANCE INDUS., INC.

29 A.D.2d 531 (1967)

Gabriel Industries, Inc., Respondent, v. Defiance Industries, Inc., Appellant, and Lionel Corporation, Respondent

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

December 21, 1967

Order and judgment affirmed, with $50 costs and disbursements to the plaintiff-respondent.

McGivern, J.:

I would reverse and direct a new assessment of damages. By an affirmed order (23 A.D.2d 630) this matter was set down "for an assessment of damages as to the amount of the illegal profit obtained by Defiance Industries, Inc.". (Italics supplied.) This has not been done. If the ultimate sales price reflected in the sale by Defiance...

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