AGE GROUP, LTD. v. MARTHA STEWART LIVING OMNIMEDIA, INC.

653408/13 6263 6264.

160 A.D.3d 498 (2018)

71 N.Y.S.3d 874

2018 NY Slip Op 02551

Age Group, Ltd., Respondent, v. Martha Stewart Living Omnimedia, Inc., Appellant.

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

Decided April 12, 2018.


The motion court correctly found that plaintiff may recover lost profits, since plaintiff submitted evidence supporting its claim that such damages were caused by defendant's alleged breach of the parties' contract, are capable of proof with reasonable certainty, and were fairly within the contemplation of the parties at the time the contract was made (see Kenford Co. v County of Erie, 67 N.Y.2d 257, 261 [1986]; Biotronik A.G...

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