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COLE v. MACKLOWE

64 A.D.3d 480 (2009)

882 N.Y.S.2d 417

WARREN COLE, Appellant, v. HARRY MACKLOWE, Respondent.

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

Decided July 21, 2009.

In a prior decision (40 A.D.3d 396 [2007]), we remanded for a determination of damages under the parties' contract. Damages for breach of contract are ordinarily ascertained as of the date of the breach (Brushton-Moira Cent. School Dist. v Thomas Assoc., 91 N.Y.2d 256, 259, 261 [1998]), not the date of trial. "[A] contract is not breached until the time set for performance has expired" (Rachmani...

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