July 28, 2009

Damages.

Practice point: Damages for breach of contract are ordinarily ascertained as of the date of the breach, not the date of trial.

Practitioners should note that a contract is not breached until the time set for performance has expired.

Case: Cole v. Macklowe, NY Slip Op 05907 (1st Dept. 2009)

The opinion is here.

Tomorrow’s issue: Stipulations of settlement.