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- Loss of Earnings of $1,114,458 for the remaining portion of the sublease period;
- Loss of Value of Inventory of $35,854 arising from the lost access to the inventory on had at the time of the alleged breach; and
- Total Other Losses of $72,554 arising from the additional expenses incurred by the Plaintiff.
We wrote a critique to the Original Report (“Troy Rebuttal Report”) with our comments as to the approach and techniques used in the Original Report; the strengths and weaknesses of differing positions on subjective matters, the calculations contained in the Original Report and whether the opinion an analysis in the Original Report were suitable for the purpose at hand.
We were supportive of the income approach and cash flow technique used to quantify the damages but disagreed with the calculation of the annual cash flow for the remaining portion of the sublease period. As noted by the judge, the Plaintiff found it difficult to keep the business afloat, within eleven months, he was losing money each month.
We found that the Loss of Earnings was $0, the loss of Value of Inventory was $25,000 and the Total Other Losses was $30,000 for total losses from the alleged breach of $55,000, as noted below in Table 2.