West, Weir & Bartel, Inc. v. Mary Carter Paint Co.

Motion for leave to appeal to the Court of Appeals granted and the following question of law certified: “Is this Court’s order, modifying the judgment of the trial court in respect to the applicable measure of damages, correct?” The order shall also state, pursuant to CPLR 5713, that the findings of fact were variously affirmed and modified as indicated in the opinion of this court. Settle order on notice.

Concur — Breitel, J. P., Rabin, Stevens and Eager, JJ.