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M. Viaggio Sons, Inc. v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1982
91 A.D.2d 607 (N.Y. App. Div. 1982)

Opinion

December 6, 1982


In an action to recover damages for breach of contract, plaintiff appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated February 2, 1982, which denied its motion for summary judgment and for an assessment of damages. Order modified, on the law, by directing that summary judgment be granted in favor of the plaintiff on the issue of liability only. As so modified, order affirmed, without costs or disbursements. On this appeal, the defendant concedes that plaintiff is entitled to summary judgment on the issue of liability. However, a trial is still required with respect to whether the contractual formula for computing plaintiff's damages is void and unenforceable. Under the circumstances and in the interest of judicial economy, the amount of plaintiff's damages should also be determined at that trial (see CPLR 3212, subd [e]; Lieberman v Larkin, 45 A.D.2d 965). Titone, J.P., Brown, Rubin and Boyers, JJ., concur.


Summaries of

M. Viaggio Sons, Inc. v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1982
91 A.D.2d 607 (N.Y. App. Div. 1982)
Case details for

M. Viaggio Sons, Inc. v. City of New York

Case Details

Full title:M. VIAGGIO SONS, INC., Appellant, v. CITY OF NEW YORK, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 6, 1982

Citations

91 A.D.2d 607 (N.Y. App. Div. 1982)

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