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676 R.S.D. INC. v. SCANDIA REALTY

195 A.D.2d 387 (1993)

600 N.Y.S.2d 678

676 R.S.D. Inc., Doing Business as Pockets, Appellant, v. Scandia Realty et al., Respondents. (And a Landlord and Tenant Action.)

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

July 15, 1993

Plaintiff failed to show that it can establish, with any reasonable certainty, lost profits (Kenford Co. v County of Erie, 67 N.Y.2d 257). While plaintiff's accountant and treasurer asserted that the business earned $15,000 in revenue per month during its first three months of operation, plaintiff was unable to produce any records in support of the claim, as they were purportedly destroyed by the flood. In any event, since plaintiff...

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