Camperlino v. Dimovich Construction Corp.

—Judgment unanimously modified in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: The court erred in awarding plaintiff damages for lost profits based on defendants’ breach of contract for the sale of real property. Such damages are available for the failure to convey real property pursuant to a contract in cases of bad faith or willful disregard of the contract (see, BSL Dev. Corp. v Broad Cove, 178 AD2d 394, 395; Mokar Props. Corp. v Hall, 6 AD2d 536, 539; see also, 91 NY Jur 2d, Real Property Sales and Exchanges, § 188).…