NOYACK MEDICAL PARTNERS LLC v. OSK IX LLC (2026)

Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered on or about January 17, 2025, which, to the extent appealed from, awarded plaintiff damages in the amount of $390,000, plus pre-judgment interest running from June 7, 2021 to the date judgment is entered, unanimously affirmed, without costs.

Supreme Court's damages award was “based on a fair interpretation of the evidence” and was “not contrary to the weight of the evidence” (Lariviere v. New York City Tr. Auth., 131 A.D.3d 1130, 1132–1133, 17 N.Y.S.3d 153 [2d Dept 2015], lv dismissed 27 N.Y.3d 1029, 33 N.Y.S.3d 863, 53 N.E.3d 740 [2016];  see also Tanya Knitwear [PVT], Ltd. v. Young Stuff Apparel Group, Inc., 12 A.D.3d 258, 258, 784 N.Y.S.2d 366 [1st Dept 2004] ).  The court properly calculated damages based on the value of the taxi medallions as of June 7, 2021, the date of the breach (Uniform Commercial Code § 2–713;  see Fertico Belgium v. Phosphate Chems.  Export Assn, 70 N.Y.2d 76, 81–82, 517 N.Y.S.2d 465, 510 N.E.2d 334 [1987];  Cole v. Macklowe, 64 A.D.3d 480, 480, 882 N.Y.S.2d 417 [1st Dept 2009] ).  In doing so, the court properly relied on a recent sale of the medallions to arrive at its valuation (see Matter of Allied Corp. v Town of Camillus, 80 N.Y.2d 351, 356, 590 N.Y.S.2d 417, 604 N.E.2d 1348 [1992] ).

Additionally, because plaintiff was not a covering buyer, it was not entitled to additional damages based on the expense of preparing the medallions for sale (Uniform Commercial Code § 1–305;  cf.  Fertico, 70 N.Y.2d at 82, 84, 517 N.Y.S.2d 465, 510 N.E.2d 334).

We have considered plaintiff's remaining arguments and find them unavailing.