It has been three years since the New York Court of Appeals issued its decisions inBi-Economy Market, Inc. v. Harleysville Ins. Co., 10 N.Y.3d 187, 886 N.E.2d 127
Extra-Contractual Damages in New York
In the three years since <i>Bi-Economy</i> and <i>Panasia</i> were decided, courts in a number of subsequent cases have been called upon to apply the reasoning of <i>Bi-Economy</i> and <i>Panasia</i>, reaching, at times, markedly differing outcomes. Although these subsequent decisions have shed some light on the question of how much has changed in the law of extra-contractual damages in New York, a number of important questions remain unsettled.
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