Heary Bros. Lightning Protection Co. v. Intertek Testing Services, N.A.

OPINION OF THE COURT

R.S. Smith, J.

In this breach of contract case, the issue is the extent to which plaintiffs can recover for lost profits. We hold, as did the Appellate Division, that plaintiffs have no viable claim for lost profits attributable to any time later than April 2000.

Facts and Procedural History

Plaintiffs are two affiliated companies that manufacture and distribute hghtning protection systems. Defendant is a private testing laboratory. The parties entered into an agreement in 1994 pursuant to which defendant would test and certify plaintiffs’ “Early Streamer Emission” (ESE)…