Tobacco Documents Online

11 , ; b 3!ql4X3. 03'701148 I

t• i ~,lGAO•IBIPS•i5 f• ' - • _C . ~ . _ At a term of the Appellate Division of the Supreme Court held in and for the First Judicial Deparar:ent in rhe County of New York, on July 10, 1!979 present-Hon. Harold Birns, :;ax Bloon~,. Vincent ~P. Lupiano, J. Robert Lynch, Justice Presiding, Justices. Robert Brian Associates, Inc., Plaintiff-Respondent, 5734 Defendant-Appellant. An appeal having been taken to this Court by the defendant-appeLlant © to from the judgment . of thc Supreme Court, New York County (A. Klein, J.), entered'oo July 20, 1971, awarding, plaintiff $100,000 'in damages ($90,000 on the first cause of action and $10,0001on the second cause"of action) plus costs and interest, ' Y -against- Loews Theatres,`Inc., and said appeal having been argucd by Mr. Sidney. . Rosdeitcher of counsel for the appell=t , and by Ivr.r. Leonard R. Glass ~ of' counsel for the respond'ent ; and due deliberation having been bad thereon, and upon the memo- randum decision of this Court filed herein,, It is uaanimously ordered that the judgment so appealed from be and the sameu hereby modified, on the law and the facts, to reman(f .for a new trial on the duesti~on of damages recoverable on the first cause of action, and otherwise affirmed, without costs and without disburse- . ments. r ENTER: 4 lc~ L Clerk.