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HUNTS POINT REALTY CORP. v. PACIFICO

56 A.D.3d 721 (2008)

HUNTS POINT REALTY CORP. et al., Appellants, v. VINCENT PACIFICO, Respondent, et al., Defendant.

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

November 25, 2008.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The proper measure of damages for breach of a covenant not to compete is the net profit of which the plaintiffs were deprived by reason of the defendant's improper competition (see Earth Alterations, LLC v Farrell, 21 A.D.3d 873 [2005]). Here, we find no basis to disturb the Supreme Court's determination that the plaintiffs failed to prove a loss...

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