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COLUMBIA WAX PRODS. CO. v. KLAHN

29 A.D.2d 560 (1967)

Columbia Wax Products Company et al., Respondents, v. Jordan L. Klahn, Jr., Appellant, and Joseph Gordon et al., Respondents-Appellants

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

December 20, 1967

Judgment reversed, on the law and the facts, without costs, and new trial granted on the limited issue of damages.

In our opinion, the proof allegedly sustaining the amount of the awards was highly unsatisfactory (cf. Deutsch v. National Props., 19 A.D.2d 823; 1 New York Law of Damages, § 435; Steitz v. Gifford, 280 N.Y. 15, 20). But, aside from the unsatisfactory proof as to damages, there was ample proof which...

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