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FARBER v. WARDS CO., INC.

Nos. 777, 870, Dockets 86-7879, 86-7937.

825 F.2d 684 (1987)

Jack FARBER, Plaintiff-Appellant-Cross-Appellee, v. WARDS CO., INC., the Surviving Corporation After the Merger of Wards Co., Inc. and Lafayette Radio Electronics Corporation, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 4, 1987.

Attorney(s) appearing for the Case

Joseph Jaspan, Garden City, N.Y. (Jaspan, Ginsberg, Ehrlich, Reich & Levin, Garden City, N.Y., of counsel), for plaintiff-appellant-cross-appellee.

Mark C. Zauderer, New York City (David O. Wright, Stein, Zauderer, Ellenhorn, Frischer & Sharp, New York City, of counsel), for defendant-appellee-cross-appellant.

Before NEWMAN, CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This diversity case pits a landlord seeking use and occupancy payments and other damages against his bankrupt tenant's successor in interest. Judge Wexler granted partial summary judgment against the landlord and, after a bench trial on the landlord's remaining claims, awarded him $85,946.97 plus interest. We affirm the judgment except insofar as it disallowed the landlord's claim for damages for the...

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