Lost Profits Damages Awardable When They Were Within the Parties’ Contemplation When the Contract Was Entered Into
Commercial Case Notes / Damages

Lost Profits Damages Awardable When They Were Within the Parties’ Contemplation When the Contract Was Entered Into

On December 15, 2021, the Second Department issued a decision in Onekey, LLC v. Byron Place Assoc., LLC, 2021 NY Slip Op. 07007, holding that lost profits damages were awardable on a breach of contract claim when those profits were within the contemplation of the parties at the time the contract was entered into . . . Continue reading Lost Profits Damages Awardable When They Were Within the Parties’ Contemplation When the Contract Was Entered Into

Question of Fact Preclude Award of Summary Judgment Enforcing Liquidated Damages Clause
Commercial Case Notes / Damages

Question of Fact Preclude Award of Summary Judgment Enforcing Liquidated Damages Clause

On September 28, 2021, the First Department issued a decision in ALQ, LLC v. Kane, 2021 NY Slip Op. 05071, holding that questions of fact regarding whether the liquidated damages clause was grossly disproportionate to the plaintiff’s actual damages precluded an award of summary judgment enforcing the clause . . . Continue reading Question of Fact Preclude Award of Summary Judgment Enforcing Liquidated Damages Clause