BUCHSTEINER v. ABRAHAM


107 Misc.2d 327 (1980)

Buchsteiner Prestige Corporation of America, Respondent, v. Abraham & Straus, a Division of Federated Department Stores, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

October 29, 1980


Attorney(s) appearing for the Case

Kenneth P. Lowenthal for appellant. Hiram G. Shields for respondent.

Concur: DUDLEY, P. J., HUGHES and ASCH, JJ.


Per Curiam.

Judgment entered March 25, 1980 (GAMMERMAN, J.) affirmed, with $25 costs.

The measure of damages was one correctly arrived at by GAMMERMAN, J., at Trial Term. Section 2-708 of the Uniform Commercial Code provides that damage for a buyer's nonacceptance or repudiation of a sales contract is to be measured by the difference between market price of the goods at the time and place of tender and the unpaid contract price.

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