Kovens v. Paul, No. 1:2004cv02238 - Document 46 (S.D.N.Y. 2009)

Court Description: OPINION:# 97167 The damages in this case are calculated as the difference between the contract price and the fair market value of the shares at the time of breach. Because the only reliable indicator of the shares' value is the contract price, p laintiff's damages are zero. Defendant's motion to declare the contract illegal and unenforceable is denied. The parties directed to submit a proposed judgment reflecting the jury's verdict and this decision. (Signed by Judge Thomas P. Griesa on 3/2/2009) (jpo) Modified on 3/6/2009 (jab).