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TROKIE v. YORK PREPARATORY SCHOOL, INC.

284 A.D.2d 129 (2001)

726 N.Y.S.2d 37

RONA TROKIE et al., Plaintiffs, v. YORK PREPARATORY SCHOOL, INC., Appellant, and PUNG SANG CONSTRUCTION CORP., Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 7, 2001.

The proper measure of York Preparatory School's damages for Pung Sang's breach of the subject insurance procurement clause is the full cost of insurance to York, i.e., the premiums it paid for its own insurance, any out-of-pocket costs that may have been incurred incidental to the policy, and any increase in its future insurance premiums resulting from the liability claim (see, Inchaustegui v 666 5th Ave. Ltd. Partnership, 96 N.Y.2d 111...

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