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KENFORD CO. v. COUNTY OF ERIE

108 A.D.2d 132 (1985)

Kenford Company, Inc., et al., Respondents-Appellants, v. County of Erie et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 12, 1985

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel (John H. Stenger of counsel), for appellants-respondents.

Hodgson, Russ, Andrews, Woods & Goodyear and Olwine, Connelly, Chase, O'Donnell & Weyher (Victor Fuzak [Hodgson, Russ] of counsel), for respondents-appellants.

O'DONNELL and SCHNEPP, JJ., concur with DOERR, J.; HANCOCK, JR., J. P., and BOOMER, J., dissent in part, in an opinion by HANCOCK, JR., J. P.

DOERR, J.

This appeal presents for our review the extent to which plaintiffs may recover damages following defendant's breach of contract.

In the late 1960s the County of Erie obtained enabling legislation permitting it to finance and construct a sports stadium. Edward Cottrell, a local businessman, put together an assemblage of properties in the Town of Lancaster. Cottrell eventually obtained options...

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