On August 12, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Denver Wewatta (Co) LLC v. Amtrust Title Ins. Co., 2024 NY Slip Op. 32847(U), holding that damages from fraud can include losses from foregone opportunities, explaining:
The Purchaser’s argument that the Seller fails to allege proper damages is also unavailing. The Seller alleges that reliance on the Purchaser’s misrepresentations caused it to forego a proposal from a competitor, and it seeks as damages loss of the competitor’s proposal and the difference between the value of the Property at the time of the alleged fraud and the value of the Property at the time the fraud was uncovered. Damages for foregone opportunities are appropriate for a fraud claim.
(Internal citations omitted).