Although the courts have not taken a uniform approach to the determination of damages, the prevailing view, based on a contractual model, is that, in addition to direct damages, consequential damages are recoverable when "reasonably foreseeable by the breaching party at the time of contract." A.T. Kearney, supra, 127 Misc.2d 37, 488 N.Y.S.2d at 951; see Schreiber v. Kleban, 63 Misc.2d 628, 312 N.Y.S.2d 1007, 1009-10 (N.Y. City Civil Ct. 1970); see also Horan v. Rothenberg, 55 Misc.2d 155, 284 N YS.2d 667, 668 (Dist.Ct. Nassau County 1967) (awarding damages for use and occupancy and "such other damages as reasonably flow from the defendant's continuing in possession"). But see Nodine v. State of New York, 192 Misc. 572, 79 N.Y.S.2d 834, 839 (Ct.Cl. 1948) (tenant liable in tort as a trespasser for all damages resulting directly from holdover).
Counsel places great weight on the case of Horan v Rothenberg ( 55 Misc.2d 155) to support his argument. In that case, the grantor of a private house obtained a final possessory judgment on consent with the tenant and execution of the warrant was stayed until the date set for conveyance of the property to Horan.