Opinion
2021-69890 2020-04714
08-05-2021
Garda USA, Inc., Plaintiff-Respondent, v. Sun Capital Partners, Inc., et al., Defendants-Appellants. Index No. 657031/2019 Motion No. 2021-01984
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justice Presiding, Justices.
A decision and order of this Court, having been entered on May 18, 2021 (Appeal No. 13850), And plaintiff-respondent having moved for an order: (a) granting a technical correction of the decretal paragraph of the aforesaid decision and order, entered May 18, 2021, so that it conforms to the Court's holding with respect to lost profit damages; (b) pursuant to CPLR 2221(d)(2) and 22 NYCRR 1250.16, granting reargument of the decision and order's holding that plaintiff cannot recover lost profits for its breach of contract claims; and (c) in the alternative, clarifying that the decision and order's holding with respect to damages is limited to the claims as pled in the complaint, and without prejudice to plaintiff's right, on remand, to seek leave to replead, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied in all respects.