Tobacco Documents Online

yx > 1_16iF_tdN1_.!45~_-{.?G~.aRtvti ~~ "`~~' TS 7 'FienK..~p.. Ar a term of the Appellate Division of the Supreme Court beld in and for the First Judicial Deparanent~ in the County of New l'or};, on July 10, 1979 Present-Han. Harold Lirns, Justice Presidinq_ , ::ax Blioom,. ~~incent,T~. Luoiano, J. Robert Lynch, - Justices. Robert Brian Associates, Inc., - Plainti~ff-Respondent, -against- 5734 Loews Theatres, Inc „ Defendant-Anpellant. 1 Ar appealihaving been talc~ to this Court by tbe defendant-appellant from the judgment of tbe Supreme Court, New York County - (A. Klein, J1.), eateredon July 20, 1978, awarding pl'aintiFf $100,0( in damages ($90,000 on the first cause of action and $10,000 on the , second cause"of action) plus costs and interest, and'said appeal having bem argucd by 1•ir.: Sidney S. Rosdei tcher ~of counsel for the appellant , and by I~.r. Leonard R. Glass of counsel'for the rupoad'rmt ;,and due dcljberation having been had thereon, and uDon the memo- randum decision~of this Court filed herein, It is unanimously ordered that the judgment so appealed from be aad'the same is hereby modified, on the law and the facts, to rema for a new trial on the question of damages recoverable on the first cause of action, and otherwise affirmed, without costs and without disburse- ments. EiJTER : Clerk. .