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FRAME v. MAYNARD

10096, 601736/04.

107 A.D.3d 582 (2013)

969 N.Y.S.2d 6

2013 NY Slip Op 4729

ALEXANDER M. FRAME, Plaintiff, v. KENNETH L. MAYNARD et al., Defendants. R.H. GUTHRIE et al., Respondents-Appellants, v. KENNETH L. MAYNARD et al., Appellants-Respondents.

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

Decided June 25, 2013.

Following this Court's order remanding the matter for further proceedings on damages (see Frame v Maynard, 83 A.D.3d 599 [1st Dept 2011]), the trial court did not exceed its authority or abuse its discretion in reopening the proceedings to hear additional evidence on damages.

The trial court's award of Rothko damages (see Matter of Rothko, 43 N.Y.2d 305 [1977]) was in error...

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