Posts Categorized: Damages

Posted: January 16, 2017

Fraudulent Inducement Claim Fails for Failure to Prove Out-of-Pocket Damages

On January 12, 2017, the First Department issued a decision in Kumiva Group, LLC v. Garda USA Inc., 2017 NY Slip Op. 00235, granting summary judgment dismissing a counterclaim for fraudulent inducement for failure adequately to plead out-of-pocket damages, explaining: Initially, as to Garda’s damages, New York courts for over one hundred years have differentiated... Read more »

Posted: January 11, 2017

Court May Grant Any Relief, Demanded or not, Within its Jurisdiction Appropriate to the Proof

On January 10, 2017, the First Department issued a decision in A&F Hamilton Heights Cluster, Inc. v. Urban Green Heights, Inc., 2017 NY Slip Op. 00135, affirming an order requiring a party to repay another party funds used to pay a law firm, explaining: The motion court did not award sanctions pursuant to 22 NYCRR... Read more »

Posted: November 5, 2016

Court Upholds Liquidated Damages Clause

On October 26, 2016, the Second Department issued a decision in Markham Gardens, L.P. v. 511 9th, LLC, 2016 NY Slip Op. 07005, upholding the enforcement of a liquidated damages clause, explaining: A contractual provision fixing damages in the event of breach will be sustained if the amount liquidated bears a reasonable proportion to the... Read more »

Posted: June 7, 2016

Supreme Court Lacked Jurisdiction to Award Statutory Interest in Action it Had Dismissed

On June 2, 2016, the Court of Appeals issued a decision in CRP/Extell Parcel I, L.P. v. Cuomo, 2016 NY Slip Op. 04251, holding that a trial court lacked jurisdiction to award statutory interest in an action it had dismissed, explaining: In January 2012, Supreme Court denied CRP’s petition to annul the Attorney General’s determinations,... Read more »

Posted: January 20, 2016

Lost Profits Damages Awarded On Contract Claim Because They Were Contemplated by the Parties

On January 13, 2016, the Second Department issued a decision in Inspectronic Corp. v. Gottlieb Skanska, Inc., 2016 NY Slip Op. 00155, affirming an award of lost profits on a breach of contract claim, explaining: A party may not recover damages for lost profits unless they were within the contemplation of the parties at the... Read more »

Posted: November 29, 2015

First Department Upholds Contract Provision Limiting Damages

On November 19, 2015, the First Department issued a decision in MG Hotel, LLC v. Bovis Lend Lease, LMB, Inc., 2015 NY Slip Op. 08507, upholding a contractual provision limiting the damages that could be recovered for breach of the contract, explaining: The written warranty that Trane provided to plaintiff expressly provided plaintiff the limited... Read more »

Posted: November 13, 2015

Prior Criminal Restitution Payments Do Not Prohibit Claim in a Civil Action

On November 5, 2015, the First Department issued a decision in Marion Blumenthal Trust v. Arbor Commercial Mortgage, LLC, 2015 NY Slip Op. 08060, holding that prior criminal restitution payments do not prevent a plaintiff for asserting a claim for damages beyond the restitution amount, explaining: We reject appellant Amy Hochfelder’s argument that, given the... Read more »

Posted: November 12, 2015

Consequential Damages Not Allowed When Not Foreseeable and Contemplated by Parties

On November 10, 2015, the First Department issued a decision in ERC 16W L.P. v. Xanadu Mezz Holdings LLC, 2015 NY Slip Op. 08094, affirming the denial of consequential damages for a claim of breach of contract, explaining: Plaintiff seeks consequential damages, representing the amount of plaintiff’s lost equity investment in a development project .... Read more »