On June 25, 2023, Justice Masley of the New York County Commercial Division issued a decision in Seaport Mgmt. Dev. Co., LLC v. Shop Architects, P.C., 2023 NY Slip Op. 32105(U), holding that an expert was not required to prove a company’s damages, explaining:
SHoP argues that plaintiff cannot prove damages for lost usage of rental space with reasonable certainty. SHoP asserts that an expert is required to ascertain these damages, and plaintiff failed to retain one. While expert testimony is required where a factual issue transcends the realm of knowledge that lay persons possess, that is not the case here. Plaintiff submits the affidavit of George Giaquinto, Senior Vice President of Development of The Howard Hughes Corporation, who details how plaintiff calculated these damages and came up with the amount of proforma rent for the space at issue. As a Pier 17 executive, Giaquinto has the requisite knowledge to testify as to the lost value of Pier 17 and the calculations he relies on. Thus, an expert is not required and the lack of one does not foreclose of plaintiff’s claim. SHoP will have the opportunity to cross examine Giaquinto at trial and challenge his assessment of damages.
(Internal quotations and citations omitted).