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SPANO v. TAWFIK

3 A.D.3d 560 (2004)

770 N.Y.S.2d 652

PETER SPANO et al., Appellants, v. SAMER TAWFIK, Respondent, et al., Defendant.

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

January 26, 2004.

Ordered that the judgment is affirmed, with costs.

Based on the evidence presented at trial, the Supreme Court properly determined, as a matter of law, that the defendant Samer Tawfik breached the subject contract in 1995 (see CPLR 4401; Held v Kaufman, 91 N.Y.2d 425, 431 [1998]).

In addition, the Supreme Court properly limited the plaintiffs to a contract measure of damages (see Sears, Roebuck & Co...

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