R.P.I. Services, Inc. v. Eisenberg

Summary

The Appellate Division, First Department, affirmed an order denying defendants’ motion for summary judgment insofar as it sought to cap the damages recoverable by the plaintiff. The court held that, on the record presented, the maximum damages could not be determined as a matter of law because the alleged loss from misappropriation, interference, and related claims might include diverted profit opportunities beyond the placement of 12 nurse candidates.

Holdings

1. The maximum amount of damages could not be set as a matter of law on the record before the court; defendants' motion was therefore properly denied insofar as it sought such a limitation.

Questions Presented

1. Whether the record permitted the court to set, as a matter of law, a maximum amount of damages recoverable for the alleged diversion of staffing-placement opportunities.

Disposition

affirmed