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BYKOWSKY v. ESKENAZI

58 A.D.3d 405 (2009)

870 N.Y.S.2d 312

JOHN BYKOWSKY et al., Appellants, v. IRVING ESKENAZI et al., Respondents, et al., Defendants.

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

January 6, 2009.

After a trial on liability, the court found that "defendants Eskenazi, Landau, Basketball City NY, Inc. and Basketball City USA, Inc. are liable to plaintiffs for breach of [contract] and any consequential damages resulting from the breach." This finding made law of the case that precludes the Individuals' present challenges to their liability on the note and for lost profits. But even if there were no law of the case, we would hold the Individuals liable for the nonpayment...

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