Opinion
May 26, 1987
Appeal from the Supreme Court, Queens County (Miller, J.).
Ordered that the judgment is affirmed, with costs.
This case involves another of many claims against the defendant Consolidated Edison Company of New York for losses caused by the blackout of July 13-14, 1977 (see, e.g., Koch v. Consolidated Edison Co., 62 N.Y.2d 548, rearg denied 63 N.Y.2d 771, cert denied 469 U.S. 1210). Although the plaintiff recovered the value of the syrups used to make its product that were spoiled by the lack of refrigeration, it argues that it should have recovered the lost profits caused by the interruption of production. However, the evidence the plaintiff offered (including evidence the trial court did not admit) failed to demonstrate that any loss caused by the interruption of production was not subsequently made up (see, Dunlop Tire Rubber Corp. v. FMC Corp., 53 A.D.2d 150, 154-156; cf., Koch v. Consolidated Edison Co., supra, at 562, n 9). Proof of any loss of profits here was speculative. Thompson, J.P., Niehoff, Kunzeman and Harwood, JJ., concur.