Opinion
Argued September 7, 2000
October 23, 2000.
In an action to recover damages for breach of contract, the defendant Options Independent Practice Association, Inc., appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Westchester County (DiBlasi, J.), entered April 29, 1999, as, after a nonjury trial, is in favor of the plaintiffs and against it in the principal sum of $343,760.
Rosenman Colin, LLP, New York, N.Y. (Roman Lifson pro hac vice of counsel), for appellant .
McLaughlin Stern, LLP, New York, N.Y. (Jon Paul Robbins of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, JJ .
DECISION ORDER
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
Contrary to the appellant's contention, the plaintiffs established the anticipated lost profits resulting from the appellant's breach of contract with the requisite reasonable certainty (see, Ashland Mgt. v. Janien, 82 N.Y.2d 395, 404; Cifone v. City of Poughkeepsie, 234 A.D.2d 331; Jadar Dev. Corp. v. Greenspan, 230 A.D.2d 828). Accordingly, the Supreme Court properly denied the appellant's motion for judgment as a matter of law pursuant to CPLR 4401.
The damages award of the Supreme Court should not be disturbed on appeal unless it is clear that its conclusions could not have been reached under any fair interpretation of the evidence (see, Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499; Bucci v. Bucci, 231 A.D.2d 665; Richard's Home Ctr. Lbr. v. Kraft, 199 A.D.2d 254). Upon review of the record, the Supreme Court's award of damages is supported by a fair interpretation of the evidence.