HUNTS POINT REALTY CORP. v. PACIFICO

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 AD3d 873). Here, we find no basis to disturb the Supreme Court's determination that the plaintiffs failed to prove a loss of profits due to the defendant Vincent Pacifico's breach of the covenant not to compete. The plaintiffs' anticipated lost profits were based on undue speculation ( see Goodstein Constr. Corp. v City of New York, 80 NY2d 366, 373; Kenford Co. v County of Erie, 73 NY2d 312; cf. Ashland Mgt. v Jahien, 82 NY2d 395; Earth Alterations, LLC v Farrell, 21 AD3d 873).

[ See 16 Misc 3d 1122(A), 2007 NY Slip Op 51543(U).]