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BIOTRONIK v. CONOR MEDSYSTEMS

No. 8

22 N.Y.3d 799 (2014)

2014 NY Slip Op 2101

BIOTRONIK A.G., Appellant, v. CONOR MEDSYSTEMS IRELAND, LTD., et al., Respondents.

Court of Appeals of New York.

Decided March 27, 2014.

Attorney(s) appearing for the Case

Proskauer Rose LLP, New York City ( Ronald S. Rauchberg and Anna G. Kaminska of counsel), and Vandenberg & Feliu LLP ( Bertrand C. Sellier of counsel) for appellant.

Kramer Levin Naftalis & Frankel LLP, New York City ( Harold P. Weinberger , Kerri Ann Law and Jared I. Heller of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO and SMITH concur with Judge RIVERA; Judge READ dissents in an opinion in which Judges PIGOTT and ABDUS-SALAAM concur.

OPINION OF THE COURT

RIVERA, J.

In this breach of contract action, plaintiff sought lost profits from an exclusive distribution agreement as general damages. We hold that lost profits were the direct and probable result of a breach of the parties' agreement and thus constitute general damages.

I.

In May 2004, plaintiff Biotronik A.G., a manufacturer and distributor of medical devices, and defendant...

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