Monetary damages for breach of employment contract

The damages payable for breach of an employment contract are measured, prima facie, by the wages that would have been paid during the remainder of the contract term (see Cornell v. T.V. Development Corp., 17 N.Y.2d 69, 74, 268 N.Y.S.2d 29, 215 N.E.2d 349; Rebh v. Lake George Ventures, 241 A.D.2d 801, 803, 660 N.Y.S.2d 901). This, however, is only the prima facie measure. “The actual damage is measured by the wage that would be payable during the remainder of the term reduced by the income which the discharged employee has earned, will earn, or could with reasonable diligence earn during the unexpired term” (Hollwedel v. Duffy–Mott Co., 263 N.Y. 95, 101, 188 N.E. 266; see Cornell v. T.V. Development Corp., 17 N.Y.2d at 74, 268 N.Y.S.2d 29, 215 N.E.2d 349). Tendler v. Bais Knesses of New Hempstead, Inc., 112 AD3d 911, 911 [2d Dept 2013].

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