PAYROLL EQUITY PLANS, INC. v. BANK OF NEW YORK


202 A.D.2d 270 (1994)

609 N.Y.S.2d 177

Payroll Equity Plans, Inc., Appellant, v. Bank of New York, Respondent

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

March 15, 1994


The court properly found plaintiff's claim for future profits from its two payroll deduction plans administered by defendant to be highly speculative and the assumptions forming the basis of said claims not demonstrable with reasonable certainty (see, Ashland Mgt. v Janien, 82 N.Y.2d 395). More particularly, the court properly found that plaintiff failed to submit evidentiary proof to demonstrate that the damages claimed were...

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