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United States Second Circuit


NAT'L MARKET SHARE INC. v. STERLING NAT'L BANK, 04-1206

In a suit for breach of contract, a nominal damages award of $1 is affirmed where, although defendant-bank breached its duty of good faith and fair dealing, plaintiffs failed to show that the bank's breach caused them to go out of business.

Appellate Information

  • Decided 12/23/2004
  • Published 12/23/2004

Judges

  • MCLAUGHLIN, Circuit Judge., Before:  McLAUGHLIN, POOLER, and WESLEY, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Gregory E. Galterio (Ira N. Glauber, Bradley A. Alperin, of counsel), Jaffe & Asher LLP, New York, N.Y., for Plaintiffs-Appellants.

  • For Appellees:
  • Robert I. Cantor, Cantor, Epstein & Degenshein, LLP, New York, N.Y., for Defendant-Appellee.
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