Practice point: The Appellate Division ordered dismissal of the counterclaim alleging that plaintiff
breached the parties' contract by engaging in certain misconduct at the
workplace, resulting in lost business opportunities. In support of his motion, plaintiff
submitted defendants' responses to requests to admit and the
deposition testimony in which defendants admitted that they could not identify any prospective
business that was lost due to plaintiff's misconduct. Therefore, plaintiff demonstrated, prima facie, that the corporation did not
sustain damages as a result of any alleged misconduct on his part in the
performance of his job. In opposition, the defendants failed to raise a triable issue of fact with respect to the element of damages.
Student note: To recover damages
for breach of contract, a party must demonstrate, among other things,
that damages resulted from the breach.
Case: Cortes v. 3A N. Park Ave. Rest Corp., NY Slip Op 03120 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: A petition to disqualify an attorney.
