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HEARY BROS v. INTERTEK

4 N.Y.3d 615 (2005)

830 N.E.2d 298

797 N.Y.S.2d 400

HEARY BROS. LIGHTNING PROTECTION CO., INC., et al., Appellants, v. INTERTEK TESTING SERVICES, N.A., INC., Formerly Known as ETL TESTING LABORATORIES, INC., and Others, Respondent.

Court of Appeals of the State of New York.

Decided May 5, 2005.

Attorney(s) appearing for the Case

Schroder, Joseph & Associates, LLP, Buffalo (Linda H. Joseph of counsel), for appellants.

Thaler & Thaler, Ithaca (Richard T. John of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

In this breach of contract case, the issue is the extent to which plaintiffs can recover for lost profits. We hold, as did the Appellate Division, that plaintiffs have no viable claim for lost profits attributable to any time later than April 2000.

Facts and Procedural History

Plaintiffs are two affiliated companies that manufacture and distribute lightning...

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