ILIC v. ROCHESTER GAS ELECTRIC CORPORATION (1999)

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

Peter ILIC, Plaintiff-Appellant, v. ROCHESTER GAS & ELECTRIC CORPORATION, Defendant-Respondent.

Decided: June 18, 1999

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

Robert L. Brenna, Jr., Rochester, for plaintiff-appellant. John R. Simon, for defendant-respondent.

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, 19 N.E.2d 661; see, Apollo Steel Corp. v. Melco Cranes, 202 A.D.2d 1049, 1049-1050, 609 N.Y.S.2d 121). 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. Heins Equip. Co., 114 A.D.2d 616, 617, 494 N.Y.S.2d 455).

Order unanimously affirmed without costs.

MEMORANDUM:

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