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No Speculation Allowed: Proving Damages from a NY Breach of Contract


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1/1/2016
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Successfully proving a breach of contract claim in New York requires the plaintiff to demonstrate many factors. One important aspect is proving the exact extent of damages the plaintiff suffered as a result of the breach. Since the success of your claim hangs in the balance, it is vital that you seek the guidance of an experienced New York breach of contract attorney who can help ensure that you present the strongest possible case. 

In a recent example of how a breach of contract claim in New York could fail without knowing the extent of damages, a Purdue University Calumet management professor filed an action against his employer. The professor alleges that the University breached its contract when it changed his role from professor to an administrative position. The professor was not terminated from his position, and his salary was not discontinued. 

In order to succeed on a breach of contract claim, the professor would have to demonstrate the following:

  • The extent of the harm suffered as a result of the reassignment.
  • An estimation, with reasonable certainty, of the damages amount in money based on sufficient evidence.
  • The damages are capable of measurement based upon “known reliable factors without undue speculation.”

New York courts place this burden on plaintiffs in the interest of fairness.

With so much hanging in the balance, it is crucial that you contact a knowledgeable legal professional who can help you prepare a claim that includes all of the necessary information. To learn more, contact an experienced New York business litigation attorney today. Call our office at (888) 497-3410 for a free consultation.



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