September 26, 2022

Appellate practice.

In this action to recover damages for breach of contract, the Supreme Court did not explain how it calculated the damages award to the plaintiff, and it is not apparent from the record. Therefore, the Appellate Division remits the matter to the Supreme Court to set forth its calculations and the specific evidence it relied upon in determining the damages award. The appeal is held in abeyance in the interim, and the Supreme Court shall file its report with all convenient speed.

C.D.S. Home Improvement Corp. v. Adegoke, NY Slip Op 05149 (2d Dep't September 14, 2022)

Here is the decision.