An appellate court has upheld a jury’s verdict that the city of Mount Vernon breached its contract with Kela Tennis when it entered the tennis center and rapidly deflated a bubble over it.

The court also ordered a new trial on damages because the trial judge did not allow the city’s damages expert to testify. Mount Vernon was originally ordered to pay nearly $12 million.

Kela’s attorney called the ruling a victory, saying every issue raised by the city was rejected and the only question now is how many millions Kela will be awarded at the new trial.

City officials view this ruling as a meaningful step forward. “This decision recognizes that the City did not receive a fair opportunity to present evidence on damages,” said Brian G. Johnson, the City’s Corporation Counsel.. “While the litigation is not yet concluded, the Court’s ruling provides a clear path toward a more accurate and potentially reduced damages determination.”