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Ilic v. Rochester Gas & Electric Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1999
262 A.D.2d 1019 (N.Y. App. Div. 1999)

Opinion

June 18, 1999

Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Summary Judgment.

PRESENT: GREEN, J. P., LAWTON, WISNER, HURLBUTT AND CALLAHAN, JJ.


Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover damages arising from the interruption of gas service to his residential property. Supreme Court properly granted that part of defendant's motion for partial summary judgment seeking dismissal of the claims for damages for the alleged loss of credit and financing, past carrying costs and future carrying costs on the property and plaintiff's lost earnings. Those claims for damages cannot be "reasonably traced to the event" and are not "independent of other causes" ( Steitz v. Gifford, 280 N.Y. 15, 20; see, Apollo Steel Corp. v. Melco Cranes, 202 A.D.2d 1049, 1049-1050). The court also properly granted that part of the motion seeking dismissal of the claims of plaintiff's wife, who has no interest in the property and is not a party to the contract between plaintiff and defendant ( see, Sterritt v. Hems Equip. Co., 114 A.D.2d 616, 617).


Summaries of

Ilic v. Rochester Gas & Electric Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1999
262 A.D.2d 1019 (N.Y. App. Div. 1999)
Case details for

Ilic v. Rochester Gas & Electric Corp.

Case Details

Full title:PETER ILIC, PLAINTIFF-APPELLANT, v. ROCHESTER GAS ELECTRIC CORPORATION…

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

Date published: Jun 18, 1999

Citations

262 A.D.2d 1019 (N.Y. App. Div. 1999)
691 N.Y.S.2d 834

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