Kantor v. 75 Worth Street, LLC

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered October 28, 2010, which, to the extent appealed from, granted defendants’ motion pursuant to CPLR 3211 to dismiss the claims for lost profits, unanimously affirmed, without costs.

The allegations in the complaint and the supporting materials do not establish that plaintiff’s lost profits “were within the contemplation of the parties at the time the contract was entered into and are capable of measurement with reasonable certainty” (Ashland Mgt. v Janien, 82 NY2d 395, 403 [1993]). Unlike the contract in Ashland, nothing in…