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Law Offices of Jonathan M. Cooper

Q:
What types of evidence can I present to support my claim for damages following a New York breach of contract?

A:

An important part of a breach of contract claim in New York is the request for damages. To succeed, a plaintiff must demonstrate with reasonable certainty the amount of financial harm caused by the breach. Speculation alone will not be enough. It is therefore very important that you consult with an experienced New York breach of contract attorney for guidance in bringing a lawsuit for breach of contract. Failing to properly prove your damages could result in your receiving a lesser award.

While the court does not list forms of evidence that will definitely prove damages, plaintiffs in general must provide a measurable amount of damages that can be calculated based upon reliable factors and with reasonable certainty. In a recent New York breach of contract action, billionaire Ronald Perelman was sued by an art gallery that claims he breached his contract to purchase certain pieces of art. To prove its damages, the gallery pointed to:

  • Lost commissions
  • Out-of-pocket expenses used to pay the artists

These factors may prove to be reliable enough to support the gallery’s claim that it lost millions of dollars as a result of Perelman’s breach.

Proving damages in a breach of contract action is not clear cut and requires the assistance of a legal professional. Fortunately, an experienced New York business litigation attorney can help you obtain the recovery that you deserve. To learn more, call our office today at (888) 497-3410. We are pleased to offer a free consultation.