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BROOKLYN UNION v. MACGREGORS

133 Misc.2d 582 (1986)

Brooklyn Union Gas Company, Appellant-Respondent, v. MacGregor's Custom Coach Inc., Respondent-Appellant.

Supreme Court, Appellate Term, Second Department.

May 20, 1986

Attorney(s) appearing for the Case

Leopold, Gross, Sommers & Israel, P. C. (David M. Israel of counsel), for appellant. Norman Turk for respondent.

KASSOFF J. P., MONTELEONE and LERNER, JJ., concur.

MEMORANDUM.

Judgment modified by granting prejudgment interest as of January 12, 1979 on the award on defendant's counterclaim, and, as so modified, affirmed, without costs.

The trial court's finding that plaintiff was unduly dilatory in restoring utility service to defendant is supported by the weight of the evidence and warranted award of compensatory damages of $78,725 for the loss of profit suffered by defendant...

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