COLE v. MACKLOWE

9865, 9865A, 604784, 99-1565.

105 A.D.3d 604 (2013)

964 N.Y.S.2d 104

2013 NY Slip Op 2690

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

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

Decided April 23, 2013.


Where, as here, "it is certain that damages have been caused by a breach of contract, and the only uncertainty is as to their amount, there can rarely be good reason for refusing, on account of such uncertainty, any damages whatever for the breach. A person violating his contract should not be permitted entirely to escape liability because the amount of damages which he has caused is uncertain" (Randall-Smith v 43rd St. Estates Corp., 17 N.Y.2d 99...

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