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ZINK v. MARK GOODSON PRODUCTIONS, INC.

261 A.D.2d 105 (1999)

689 N.Y.S.2d 87

STEVEN ZINK et al., Appellants, v. MARK GOODSON PRODUCTIONS, INC., et al., Respondents.

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

Decided May 4, 1999.

The law in New York is well settled that "[a] party may not recover damages for lost profits unless they 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; see also, Kenford Co. v County of Erie, 67 N.Y.2d 257, 261; PIA Invs. v

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