Judgment unanimously modified in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: The court erred in awarding plaintiff damages for lost profits based on defendants' breach of contract for the sale of real property. Such damages are available for the failure to convey real property pursuant to a contract in cases of bad faith or willful disregard of the contract (see, BSL Dev. Corp. v Broad Cove,...
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