AIGEN v. DIMIN


86 A.D.2d 896 (1982)

George Aigen et al., Respondents, v. Robert P. Dimin, Appellant

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

February 22, 1982


Order modified, on the law, by adding thereto, after the provision denying the motion, the following: "as to the second cause of action but the motion is granted as to the first cause of action." As so modified, order affirmed, without costs or disbursements.

It is apparent from plaintiffs' answers to defendant's interrogatories that the claim of damages in the first cause of action is based solely upon unrealized profits. The law is well settled that one cannot obtain...

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