Legal Opinion
676 R.S.D. Inc. v. Scandia Realty
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1993PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered on or about October 18, 1991, which granted the motion of defendant Scandia Realty to dismiss plaintiffs second cause of action for lost profits, unanimously affirmed, without costs.
Plaintiff failed to show that it can establish, with any reasonable certainty, lost profits (Kenford Co. v County of Erie, 67 NY2d 257). While plaintiffs accountant and treasurer asserted that the business earned $15,000 in revenue per month during its first three months of operation, plaintiff was unable to produce any records in support of the…
2Cases cited3 opinions
- Kenford Co. v. County of ErieNew York Court of Appeals · 1986
- Rule Resources, Ltd. v. Reliance Group, Inc.New York Court of Appeals · 1980
- Jordan v. LevyAppellate Division of the Supreme Court of the State of New York · 1962
3Cited by6 opinions
- Guzman v. Estate of FlukerAppellate Division of the Supreme Court of the State of New York · 1996
- Schonfeld v. HilliardDistrict Court, S.D. New York · 1999
- Carmine Restaurant, Inc. v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2002
- Pop Cowboy, Inc. v. 175 West 73rd Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Integrated Waste Services, Inc. v. Akzo Nobel Salt, Inc.District Court, W.D. New York · 1996
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