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TRI-STATE ALUMINIUM PRODS., INC. v. PARAMOUNT MACARONI MFG. CO., INC.

247 A.D.2d 606 (1998)

669 N.Y.S.2d 229

Tri-State Aluminum Products, Inc., et al., Appellants-Respondents, v. Paramount Macaroni Manufacturing Co., Inc., Respondent-Appellant

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

February 23, 1998

Ordered that the order and judgment is modified by deleting the provision thereof which awarded the plaintiffs damages in the sum of $200,000; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a new trial as to damages.

While we agree with the Supreme Court that the damage award...

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