Applebaum v. Naiberg

Court: Appellate Terms of the Supreme Court of New York
Date filed: 1950-03-16
Citations: 197 Misc. 317, 97 N.Y.S.2d 702, 1950 N.Y. Misc. LEXIS 1696
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Lead Opinion
Per Curiam.

It was error to assess damages upon the theory

that the entire garment was rendered worthless in the process of dry cleaning. The evidence does not support such a finding. The proper measure of damages in this case is the difference between the value of the suit as delivered to defendant and its actual value in the condition in which it was returned. (Beyer

Page 318
v. Kramer, N. Y. L. J., Jan. 24, 1949, p. 285, col. 6; Gardner v. Gildenblatt, N. Y. L. J., Dec. 22, 1943, p. 1867, col. 4; 1 Clark on New York Law of Damages, § 185, p. 312.)

The judgment should be unanimously reversed upon the law and a new trial granted, with $10 costs to defendant to abide the event.

Steinbrink, Rtjbenstein and Golden, JJ., concur.

Judgment reversed, etc.

Applebaum v. Naiberg - Case Law