Legal Opinion

Whitmier & Ferris Co. v. Buffalo Structural Steel Corp.

New York Court of Appeals

Decided December 26, 1985PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff leased a small strip of land from defendant Buffalo Structural Steel Corp. (BSS) in order to erect a billboard, and lease it for advertising. Plaintiff seeks to recover lost profit damages it allegedly suffered by virtue of BSS’s breach of a lease provision giving plaintiff "the first option to erect additional signs for advertising purposes with the consent of the Landlord which event would necessitate an additional lease upon terms to be agreed upon at such time”.

Plaintiff asserts…

2Cases cited5 opinions

  1. Dodds v. . HakesNew York Court of Appeals · 1889
  2. City of New York v. Pike Realty Corp.New York Court of Appeals · 1928
  3. Cortese v. ConnorsNew York Court of Appeals · 1956
  4. Jurgensen v. MorrisAppellate Division of the Supreme Court of the State of New York · 1920
  5. Smilo v. Cooper-SmithNew York Court of Appeals · 1951

3Cited by2 opinions

  1. Maruki, Inc. v. Lefrak Fifth Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Henderson Harbor Mariners' Mar., Inc. v. Upstate Natl. BankAppellate Division of the Supreme Court of the State of New York · 2018

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