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GAME SPORTSWEAR, INC. v. ERNEST SIMONS COMPANY, INC.

266 A.D.2d 260 (1999)

698 N.Y.S.2d 522

GAME SPORTSWEAR, INC., Respondent, v. ERNEST SIMONS COMPANY, INC., Appellant.

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

Decided November 8, 1999.

Ordered that the judgment is modified, on the law, by deleting the first decretal paragraph thereof awarding the plaintiff damages in the principal sum of $23,000 and substituting therefor a decretal paragraph dismissing its causes of action to recover damages; as so modified, the judgment is affirmed, without costs or disbursements.

The Supreme Court correctly concluded that the plaintiff proved the requisite elements...

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