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CEMENT SHOES, INC. v. MAK

51 A.D.3d 600 (2008)

859 N.Y.S.2d 65

CEMENT SHOES, INC., Respondent, v. JACKSON MAK et al., Appellants.

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

Decided May 29, 2008.

The finding that defendants' delay in consenting to an assignment, a breach of the assignment clause in plaintiff's lease, caused the proposed assignee to abandon the deal to purchase plaintiff's business was based on a fair interpretation of the evidence. The damages, based on the purchase price in an existing contract, were not speculative (see generally Kenford Co. v County of Erie, 67 N.Y.2d 257, 261 [1986]), and were within...

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