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KANTOR v. 75 WORTH STREET, LLC

Nos. 7579, 600811/09.

95 A.D.3d 718 (2012)

945 N.Y.S.2d 245

2012 NY Slip Op 4086

AMY KANTOR, Appellant, v. 75 WORTH STREET, LLC, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 24, 2012.

The allegations in the complaint and the supporting materials do not establish that plaintiff's lost profits "were within the contemplation of the parties at the time the contract was entered into and are capable of measurement with reasonable certainty" (Ashland Mgt. v Janien, 82 N.Y.2d 395, 403 [1993]). Unlike the contract in Ashland, nothing in the record indicates that the parties' agreement contemplated, in the event...

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