Summary
holding that plaintiffs' damages should have been computed on the basis of gross profit, and not net-profit
Summary of this case from Shamrock Power Sales, LLC v. SchererOpinion
Argued January 6, 1969
Decided January 23, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EMILIO NUNEZ, J.
Irwin N. Wilpon and Benjamin L. Lasky for appellants-respondents.
Monroe J. Winsten for respondents-appellants.
Order modified, without costs, by directing that judgment be entered after damages have been computed in accordance with the rule laid down in the dissenting opinion at the Appellate Division and, as so modified, affirmed.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and JASEN. Taking no part: Judge BREITEL.