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NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION v. T.C. FOODS IMPORT AND EXPORT CO., INC.

46 A.D.3d 778 (2007)

847 N.Y.S.2d 669

NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, Appellant, v. T.C. FOODS IMPORT AND EXPORT CO., INC., et al., Respondents. (And a Third-Party Action.)

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

Decided December 18, 2007.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The measure of damages for breach of a restrictive covenant is the diminution in the value of the benefitted parcel by reason of the breach (see Flynn v New York, Westchester & Boston Ry. Co., 218 N.Y. 140 [1916]; Binghamton Plaza v Gilinsky, 32 A.D.2d 994 [1969]). Since the plaintiff did not adduce any evidence at trial as to...

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