February 18, 2019
The Supreme Court of New York, Appellate Division, has overturned the decision of the motion court to dismiss a consequential damages claim when the plaintiff fulfilled the pleading requirement by specifying the types of consequential damages claimed and alleging that such damages were reasonably contemplated by both parties prior to entering into the contract. The case is D.K. Prop. Inc. v. Nat’l. Union Fire Ins. Co. of Pittsburgh, Pa., 2019 NY Slip Op 00347 (App. Div.)
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