Opinion
Decided October 25, 1983
Appeal from the Supreme Court, Rockland County, WILLIAM A. WALSH, JR., J.
Jonathan L. Glaser for appellant.
Philip Furgang for respondent.
MEMORANDUM.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), the judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.
Loss of the "entire profit", as provided in the contract, is a proper measure of damages ( Lieberman v Templar Motor Co., 236 N.Y. 139, 149), and is recoverable where plaintiff has supplied some adequate basis for computing the amount, even where that amount cannot be precisely determined with absolute certainty ( Wakeman v Wheeler Wilson Mfg. Co., 101 N.Y. 205, 210).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.