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BYKOWSKY v. ESKENAZI

2625, 600681/99, 2626

72 A.D.3d 590 (2010)

899 N.Y.S.2d 226

JOHN BYKOWSKY, Plaintiff, and THE NEW YORK URBAN PROFESSIONALS ATHLETIC LEAGUE, INC., Appellant, v. IRVING ESKENAZI et al., Respondents, et al., Defendants.

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

Decided April 27, 2010.

The jury's verdict, awarding plaintiffs zero damages for lost profits resulting from defendants' breach of a stock purchase agreement, was not against the weight of the evidence (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 498 [1978]). The record demonstrates that the League's several theories as to its lost profits were speculative. Moreover, the disputed factual issues and any inconsistencies in the witnesses' testimony were...

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