BUFFALO RIVERWORKS LLC v. SCHENNE

699 CA 22-01376.

221 A.D.3d 1463 (2023)

199 N.Y.S.3d 311

2023 NY Slip Op 05823

Buffalo Riverworks LLC, Respondent, v. John Schenne, P.E., et al., Appellants.

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

Decided November 17, 2023.


Attorney(s) appearing for the Case

SUGARMAN LAW FIRM, LLP, SYRACUSE ( JENNA W. KLUCSIK OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

WOODS OVIATT GILMAN LLP, BUFFALO ( BRIAN D. GWITT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Montour, Greenwood, Nowak and DelConte, JJ.


Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered July 27, 2022. The order denied the motion of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the complaint insofar as it seeks damages for loss of profits/business, and as modified the order is affirmed without costs.

Memorandum...

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