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GENERALE BANK v. BELL SECURITY, INC.

21 A.D.3d 844 (2005)

803 N.Y.S.2d 2

GENERALE BANK, Appellant-Respondent, v. BELL SECURITY, INC., Respondent-Appellant.

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

September 27, 2005.

The issue of the court's instruction on the proper measure of damages is not preserved. In any event, the damage award was not against the weight of the evidence since it rested on a fair interpretation of the evidence at trial (see McDermott v. Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]; Kennedy v. New York City Health & Hosps. Corp., 300 A.D.2d 146 [2002]). Given the testimony...

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