In Jamie Towers Housing Co., Inc. v. Lucas, 296 AD2d 359 (1st Dept 2002), plaintiff, through no fault of its own, had to pay more than $ 400,000 in interest on delinquent taxes due to its managing agent's failure to timely pay certain taxes. In that case the court held that plaintiff should be permitted to prove its damages, if any, because the recovery of the interest would not create an impermissible windfall or put plaintiff in a better position then it was in prior to the agent's alleged misfeasance.