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13 Aug 2020, 3:43 am
"  Id. at 590..The litmus test for distinguishing lost profits as direct damages from lost profits as consequential damages is “whether the lost profits flowed directly from the contract itself or were, instead, the result of a separate agreement with a nonparty,” Biotronik A.G. v Conor Medsystems Ireland, Ltd.,  22 N.Y.3d 799, 808, 11 N.E.3d 676 (2014). [read post]