LYON v. CHEMICAL BANK

Order affirmed, with costs.

The defendant admits its breach of the contract, but argues that the plaintiff failed to make a proper evidentiary showing before Special Term establishing his right to damages.

In our opinion, the papers submitted to Special Term sufficiently establish that a trial is required to determine the plaintiff's damages, if any. Brown, J.P., Weinstein, Niehoff and Eiber, JJ., concur.