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SAGITTARIUS BROAD. CORP. v. EVERGREEN MEDIA CORP.

243 A.D.2d 325 (1997)

663 N.Y.S.2d 160

Sagittarius Broadcasting Corporation et al., Respondents, v. Evergreen Media Corporation, Appellant

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

October 16, 1997

Lost profits cannot be recovered unless within the contemplation of the parties at the time the contract was entered into (Ashland Mgt. v Janien, 82 N.Y.2d 395, 403). Here, the parties could not possibly have contemplated at the time the subject licensing agreement was entered into that a breach thereof would adversely affect plaintiffs' negotiations with the owner of a radio station in another market. Indeed, the crucial factor...

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