Extract to table

2 — is that a claimant must mitigate its damages by making reasonable efforts to replace lost business

A claim for lost profits must be grounded in a reasonably certain expectation of future business; discretionary renewal options, by their nature, do not create such certainty

The New York Court of Appeals has consistently held that lost-profit damages must be established with "reasonable certainty" and cannot be based on speculative assumptions about the exercise of discretionary contractual provisions

Ostrovsky's rebuttal report on the renewal-period component take the following approach: (a) The primary argument should be that renewal-period lost profits must be excluded entirely as speculative and legally barred under the consequential damages waiver in § 8

4 provides that upon rejection of non-conforming goods, "Supplier shall, at its sole cost and expense, cure the non-conformance or replace the defective goods within the cure period

In the absence of such documentation, the per-unit figures must be regarded as unreliable estimates rather than actual incurred costs