BRAUNER v. COLUMBIA BROAD. SYS., INC.


221 A.D.2d 306 (1995)

633 N.Y.S.2d 530

Herbert Brauner, Respondent, v. Columbia Broadcasting System, Inc., et al., Appellants

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

November 6, 1995


Ordered that the order is reversed, on the law, with costs, the defendants' motion is granted, and the plaintiff's cause of action for compensatory damages is dismissed.

The defendants' motion papers made a prima facie showing that the only measure of the plaintiff's damages would be lost profits, and that such damages were incapable of proof with reasonable certainty (see, Ashland Mgt. v Janien, 82 N.Y.2d 395). It...

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