On August 21, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Ocean Marine Development Corp v. National Salvage & Service Corp., 2015 NY Slip Op. 51328(U), holding that “[i]n a breach arising from a construction contract, the claiming contractor has the burden of proving the extent of the harm suffered.... Read more »
Blogs
Posts Categorized: Damages
Court Rejects Referee’s Recommended Award of Punitive Damages
On August 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Dionne-Tontchev v. Worldwide Wealth Management Corp., 2015 NY Slip Op. 31587(U), rejecting a referee’s recommended award of punitive damages on the plaintiff’s breach of contract, quasi-contract and tort claims, because “[n]o testimony was elicited as to why punitive... Read more »
Absence of Damages Fatal of Breach of Contract Claim
On August 21, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Twin City Fire Insurance Co. v. Arch Insurance Group, Inc., 2015 NY Slip Op. 31586(U), granting the defendants summary judgment on the plaintiff’s breach of contract claim because the plaintiff had presented no evidence of damages, explaining: It... Read more »
Damages for Breach of “Agreement to Agree” Limited to Out-of-Pocket Expenses
On August 17, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in DOLP 1133 Props. II LLC v. Amazon Corporate, LLC, 2015 NY Slip Op. 31544(U), dismissing claims for specific performance and lost profits in connection with an alleged breach of an agreement to negotiate a lease. In DOLP 1133... Read more »
Prohibition on Delay Damages Enforced Absent Bad Faith, Willful Misconduct or Gross Negligence
On July 30, 2015, the Third Department issued a decision in Tougher Industries, Inc. v. Dormitory Authority of the State of N.Y., 2015 NY Slip Op. 06388, enforcing a prohibition on the award of delay damages in a construction contract. In Tougher Industries, the “plaintiff contracted with defendant to be the prime contractor in charge... Read more »
Fraud Claim Dismissed Because Claimed Damages Violated Out-of-Pocket Rule
On July 24, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in Kumiva Group, LLC v. Garda USA Inc., 2015 NY Slip Op. 31388(U), dismissing a fraud claim based on the out-of-pocket rule. In Kumiva Group, the plaintiff sued the defendant in connection with the defendant’s acquisition of an armored... Read more »
Court Analyzes Damages For Which Enjoined Party May Recover
On February 27, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Metropolitan Lofts of NY, LLC v. Metroeb Realty 1, LLC, 2015 NY Slip Op. 50251(U), awarding the plaintiff the proceeds of the bond for the damages it sustained by reason of a preliminary injunction. In Metropolitan Lofts, the plaintiff... Read more »
First Department Examines Standard for Award of Punitive Damages
On February 26, 2015, the First Department issued a decision in Macy’s Inc. v. Martha Stewart Living Omnimedia, Inc., 2015 NY Slip Op. 01728, addressing, among other things, standard for an award of punitive damages. In Macy’s Inc., the First Department affirmed in part and reversed in part the trial court’s decision in the much-publicized... Read more »
Breach of Contract Plaintiff Not Entitled to Lost Profits
On February 18, 2015, the Second Department issued a decision in Todd Rotwein, D.P.M., P.C. v. Nader Enterprises, LLC, 2015 NY Slip Op. 01441, affirming the dismissal of a claim for lost profits on a breach of contract claim, explaining: Lost profits may be recoverable for breach of a contract if it is demonstrated with... Read more »
Damages in Derivative Action Must go to Corporation, Not Plaintiff
On January 28, 2015, the Second Department issued a decision in Sakow v. Waldman, 2015 NY Slip Op. 00742, regarding the distribution of a damages award in a derivative action. In Sakow, the plaintiff, who brought an action both individually and derivativly regarding the management of a real estate investment, prevailed at trial and was... Read more »