WHITE PLAINS IRON WORKS, INC. v. COREY


47 A.D.2d 528 (1975)

White Plains Iron Works, Inc., Respondent, v. Patricia Corey et al., Appellants

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

January 6, 1975


Order reversed insofar as appealed from, in the interest of justice, without costs, defendants' motion to vacate the judgment granted and immediate trial ordered.

The judgment was apparently in excess of the actual damages sustained, since plaintiff stopped production prior to completion of performance of the contract and is in possession of steel which is of substantial value, for which no credit was given to defendants. A new trial is therefore required at least...

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