KENFORD CO. v. ERIE COUNTY


67 N.Y.2d 257 (1986)

Kenford Company, Inc., Plaintiff, and Dome Stadium, Inc., Appellant, v. County of Erie et al., Respondents.

Court of Appeals of the State of New York.

Decided May 6, 1986.


Attorney(s) appearing for the Case

Victor T. Fuzak, Paul I. Perlman and Benjamin M. Zuffranieri, Jr., for appellant.

John H. Stenger, Timothy C. Leixner and Joseph M. Finnerty for respondents.

Chief Judge WACHTLER and Judges MEYER, ALEXANDER, TITONE and KANE concur in Per Curiam opinion; Judges SIMONS, KAYE and HANCOCK, JR., taking no part.


Per Curiam.

The issue in this appeal is whether a plaintiff, in an action for breach of contract, may recover loss of prospective profits for its contemplated 20-year operation of a domed stadium which was to be constructed by defendant County of Erie (County).

On August 8, 1969, pursuant to a duly adopted resolution of its legislature, the County of Erie entered into a...

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