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, 2001 N.Y. LEXIS 1050). Since York only cross-moved for partial summary judgment on the breach of the insurance procurement provision, it may not now argue, for the first time on appeal, that it is entitled to judgment based on the contract's indemnity clause (see,Fisher v. Socy. of the New York Hosp., 271 A.D.2d 262).