Lloyd v. Town of Wheatfield
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The damages sought by plaintiffs, for purely economic loss, are too speculative as a matter of law to sustain plaintiffs’ causes of action and the complaint, therefore, was properly dismissed (see, Tobin v Grossman, 24 NY2d 609, 615-616 [citing Battalla v State of New York, 10 NY2d 237, 242]; cf. Friedland v Myers, 139 NY 432, 435 [damages may be recovered provided that they are proximate in effect, neither speculative nor uncertain in character and were reasonably foreseen as a consequence of…
2Cases cited5 opinions
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Battalla v. StateNew York Court of Appeals · 1961
- Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964
- Rottkamp v. YoungNew York Court of Appeals · 1965
- Friedland v. . MyersNew York Court of Appeals · 1893
3Cited by17 opinions
- Pietra v. StateAppellate Division of the Supreme Court of the State of New York · 1986
- Rakylar v. Washington Mutual BankAppellate Division of the Supreme Court of the State of New York · 2008
- Ecker v. Zwaik & Bernstein, P. C.Appellate Division of the Supreme Court of the State of New York · 1997
- Haven Associates v. Donro Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Neos v. LaceyAppellate Division of the Supreme Court of the State of New York · 2003
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