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B&R TEXTILE v. ROTHMAN INDS

101 Misc.2d 98 (1979)

B&R Textile Corporation, Plaintiff, v. Paul Rothman Industries, Ltd., Defendant.

Civil Court of the City of New York, Trial Term, New York County.

August 16, 1979.

Attorney(s) appearing for the Case

Kimmel & Levy (Morris C. Kimmel of counsel), for defendant. Stanley H. Cembalest for plaintiff.

HERMAN CAHN, J.

The gravamen of this motion to set aside the judgment is whether this court, which tried the above-captioned matter without a jury, applied the proper measure of damages in determining that defendant is liable to the plaintiff in the amount of 12½ cents per yard for the rejected merchandise (or $4,584.50) with interest from June 15, 1977.

Plaintiff originally brought this action...

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