NERI v. RETAIL MAR. CORP.


30 N.Y.2d 393 (1972)

Anthony Neri et al., Respondents, v. Retail Marine Corporation, Doing Business as Emmette Marine Corporation, Appellant.

Court of Appeals of the State of New York.

Decided June 1, 1972.


Attorney(s) appearing for the Case

Irwin M. Miller for appellant.

George J. Razis for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.


GIBSON, J.

The appeal concerns the right of a retail dealer to recover loss of profits and incidental damages upon the buyer's repudiation of a contract governed by the Uniform Commercial Code. This is, indeed, the correct measure of damage in an appropriate case and to this extent the code (§ 2-708, subsection [2]) effected a substantial change from prior law, whereby damages were ordinarily limited to...

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