Hyperlawhypertext legal databasebeta Bove Finishing Co. v. Wertsville Industries, Inc. 5 N.Y.2d 934

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Bove Finishing Co. v. Wertsville Industries, Inc.

5 N.Y.2d 934 Court N.Y. Decision date 1959-01-22 English

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p. 934
Bove Finishing Company, Inc., Respondent, v. Wertsville Industries, Inc., Appellant.
Argued November 18, 1958;
decided January 22, 1959.
p. 936
John D. Graves for appellant.
Samuel Davidson for respondent.

Judgment of Appellate Division modified by dismissing the third cause of action, insofar as it sets forth a claim for loss of profits, upon the ground that the evidence is insuEcient as a matter of law to support the finding that defendant was chargeable for loss of profits in the amount of $1,425 and, as so modified, aErmed in all other respects with costs to respondent. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Van Voorhis and Burke. Judges Fund and Froessel dissent and vote to aErm.