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Lost Profits Sufficiently Proven in Breach of Contract Action—Criteria Explained

In affirming the judgment, the Second Department explained the criteria for the award of lost profits as damages in a breach of contract action:

To prevail on a cause of action alleging breach of contract, the plaintiff must demonstrate that it sustained “actual damages as a natural and probable consequence” of the defendant’s breach … . Where the plaintiff seeks to recover damages for lost profits, such profits must also be “within the contemplation of the parties at the time the contract was entered into” and, even though required to be proven with reasonable certainty, damages “resulting from the loss of future profits are often an approximation” … . Here, contrary to the defendant’s contentions, the evidence and credible testimony adduced at trial demonstrated that the plaintiff incurred actual damages due to the defendant’s breach of the agreement … . The plaintiff’s witness testified that he determined the lost profits for the plaintiff by subtracting the expenses from the revenue, which would have been generated [if the contract had not been breached]. The evidence produced by the plaintiff provided a reasonably reliable foundation upon which to calculate the plaintiff’s damages … . Family Operating Corp. v Young Cab Corp., 2015 NY Slip Op 05437, 2nd Dept 6-24-15

 

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