West, Weir & Bartel, Inc. v. Mary Carter Paint Company
| Decision Date | 09 April 1970 |
| Parties | , 259 N.E.2d 483 WEST, WEIR & BARTEL, INC., Respondent, v. MARY CARTER PAINT COMPANY, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 31 A.D.2d 517, 294 N.Y.S.2d 837.
Advertising agency brought action against manufacturer for alleged breach of advertising contract.
The Supreme Court, Special and Trial Term, New York County, granted limited judgment to the advertising agency, and cross-appeals were taken.
The Appellate Division, 25 A.D.2d 81, 267 N.Y.S.2d 29, modified and remanded.
On appeal after remand the Appellate Division, 31 A.D.2d 517, 294 N.Y.S.2d 837, affirmed judgment entered on remand in favor of the advertising agency by the Trial Term. Appeal was taken to the Court of Appeals.
The Court of Appeals, 25 N.Y.2d 535, 307 N.Y.S.2d 449, 255 N.E.2d 709, modified and, as modified, affirmed.
Motion was made in the Court of Appeals to amend the remittitur.
Motion to amend the remittitur granted and the remittitur amended to read, as follows: 'Order modified in accordance with the opinion herein and, as so modified, affirmed, with costs in all courts.'
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...Inc. v. Mary Carter Paint Co., 25 N.Y.2d 535, 540, 255 N.E.2d 709, 307 N.Y.S.2d 449 (1969), amended on other grounds, 26 N.Y.2d 969, 259 N.E.2d 483, 311 N.Y.S.2d 13 (1970); accord Lawson v. Whitey's Frame Shop, 241 Conn. 678, 686, 697 A.2d 1137 (1997); Levine v. Massey, supra, 232 Conn. at ......
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