Good Karma Productions v. Penthouse Intern., Ltd.

• Decision Date: 25 May 1982
• Citation: Good Karma Productions v. Penthouse Intern., Ltd., 450 N.Y.S.2d 486, 88 A.D.2d 561 (N.Y. App. Div. 1982)
• Parties: GOOD KARMA PRODUCTIONS, Plaintiff-Respondent, v. PENTHOUSE INTERNATIONAL, LTD., Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 486

450 N.Y.S.2d 486

88 A.D.2d 561

GOOD KARMA PRODUCTIONS, Plaintiff-Respondent, v. PENTHOUSE INTERNATIONAL, LTD., Defendant-Appellant.

Supreme Court, Appellate Division First Department.

May 25, 1982.

J. Rabin, New York City, for plaintiff-respondent.

J. H. Daichman, New York City, for defendant-appellant.

Before KUPFERMAN, J. P., and SULLIVAN, MARKEWICH, FEIN and ASCH, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County, entered March 6, 1981 upon a jury verdict in favor of plaintiff, modified, on the law, to reduce the amount of the judgment to six cents, with costs. The jury question was as to the existence of an oral contract between the parties, breached by defendant, and the jury so found. In this connection, see the court's memorandum on appeal from an earlier trial (74 A.D.2d 513, 425 N.Y.S.2d 1). However, the record is completely devoid of proof of any damage sustained by plaintiff. The evidence was therefore insufficient to sustain the substantial money judgment in plaintiff-respondent's favor. "The plaintiff was ... entitled as a matter of law to an award of nominal damages." (Manhattan Savings Institution v. Gottfried Baking Co., Inc., 286 N.Y. 398, 400, 36 N.E.2d 637), and "the amount ... plaintiff would...