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  5. 66 N.Y.2d 1013 (1985)
 

WHITMIER & FERRIS CO., INC. v. BUFFALO STRUCTURAL STEEL CORP.

66 N.Y.2d 1013 (1985)

Whitmier & Ferris Co., Inc., Appellant-Respondent, v. Buffalo Structural Steel Corp., Respondent-Appellant, and National Advertising Co., a Subsidiary of 3-M, Respondent.

Court of Appeals of the State of New York.

Decided December 26, 1985.

Attorney(s) appearing for the Case

Henry W. Killeen, III, and David P. Marcus for appellant-respondent.

R. William Stephens for respondent-appellant.

John E. Runals and Richard J. Hogan, Jr., for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur; Judge JASEN concurs in result only.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff leased a small strip of land from defendant Buffalo Structural Steel Corp. (BSS) in order to erect a billboard, and lease it for advertising. Plaintiff seeks to recover lost profit damages it allegedly suffered by virtue of BSS's breach of a lease provision giving plaintiff "the first option to erect additional signs for advertising...

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