NORTHWAY MALL ASSOCS. v. BERNLEE REALTY CORP.


90 A.D.2d 739 (1982)

Northway Mall Associates, Respondent, v. Bernlee Realty Corp. et al., Appellants

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

November 18, 1982


Neither the defendant Arlen, nor its predecessor by merger, Spartans Industries, Inc., is a party to or has assumed any obligations under the contract sued on. As to the claim against defendant Bernlee, the chief argument made by said defendant is that there has been no showing of damages and that damages are an essential element of a claim for breach of contract, and without damages there can be no liability. The application of this doctrine to motions for summary judgment...

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