Legal Opinion
W.M.S. Builders, Inc. v. Newburgh Steel Products, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2001PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Nassau County (McCarty, J.), entered August 16, 2000, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $131,725.
Ordered that the judgment is affirmed, with costs.
Contrary to the defendant’s contentions, the plaintiffs proof of damages was legally sufficient to support the jury verdict against it (see, Cohen v Hallmark Cards, 45 NY2d 493, 499). “Proof of damages may be based solely on oral testimony as long as the witness has…
2Cases cited4 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- D'Angelo v. StateNew York Court of Appeals · 1976
- Electronic Services International, Inc. v. SilversAppellate Division of the Supreme Court of the State of New York · 2001
- Alaska Seaboard Partners v. AnninosAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by4 opinions
- Cavalry Construction, Inc. v. WDF, Inc.District Court, S.D. New York · 2010
- Rojas v. PaineAppellate Division of the Supreme Court of the State of New York · 2015
- Wiebusch v. Bethany Memorial Reform ChurchAppellate Division of the Supreme Court of the State of New York · 2004
- Blair v. FerrisAppellate Division of the Supreme Court of the State of New York · 2017