Scalamandre & Sons, Inc. v. Village Dock, Inc

In Scalamandre & Sons, Inc. v. Village Dock, Inc., 187 AD2d 496, 589 N.Y.S.2d 191 (2d Dept, 1992), lv den, 81 NY2d 710, 616 N.E.2d 854, 600 N.Y.S.2d 197 (1993)) the Appellate Division, Second Department, while noting in that case that the burden of proof had not been sustained to establish the connection between the contractor's costs and the delay for which its employer was at fault, stated: "When it is clear that some injury has occurred, recovery will not necessarily be denied to a plaintiff because the quantum of damages is unavoidably uncertain, beset by complexity or difficult to ascertain."