September 11, 2023

Contract law.

Unlike a negligence cause of action, nominal damages are available for breach of contract. Because actual damages are not an essential element of a breach of contract cause of action, the fact that the plaintiff is precluded from establishing actual damages in this action is not decisive on the breach of contract claim.

Giamundo v. Dunn, NY Slip Op 04422 (2d Dep't August 30, 2023)

Here is the decision.