LTS CONTRACTORS, INC. v. HARTFORD INS. CO.


99 A.D.2d 644 (1984)

LTS Contractors, Inc., Appellant, v. Hartford Insurance Company, Respondent

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

January 27, 1984


Order unanimously affirmed, with costs.

Memorandum:

Special Term properly dismissed plaintiff's second cause of action which sought recovery for "consequential damages" arising from defendant's alleged failure promptly to pay plaintiff's actual damage claim. Such consequential damages neither arose from defendant's breach of the insurance contract, nor were they within the contemplations of the parties when the policy was issued (see Orester v Dayton Rubber...

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