Sagittarius Broadcasting Corp. v. Evergreen Media Corp.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about March 17, 1997, which, insofar as appealed from, denied defendant’s motion for summary judgment dismissing plaintiffs causes of action for breach of contract and attorneys’ fees, unanimously modified, on the law, to dismiss so much of the cause of action for breach of contract as seeks to recover for the lost business opportunity in Miami, and otherwise affirmed, without costs.

Lost profits cannot be recovered unless within the contemplation of the parties at the time the contract was entered into (Ashland Mgt.…