Brooklyn Union Gas Co. v. MacGregor's Custom Coach Inc.

OPINION OF THE COURT

Memorandum.

Judgment modified by granting prejudgment interest as of *583January 12, 1979 on the award on defendant’s counterclaim, and, as so modified, affirmed, without costs.

The trial court’s finding that plaintiff was unduly dilatory in restoring utility service to defendant is supported by the weight of the evidence and warranted award of compensatory damages of $78,725 for the loss of profit suffered by defendant when two of its contractees canceled their contracts because of defendant’s inability to timely perform the contracted work because of lack of heat, and $19,000…