Appeal from a judgment of the District Court of Nassau County, Third District (Adam H. Moser, J.), entered March 1, 2005. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,500.

Judgment modified by reducing the award in favor of plaintiff to the sum of $1,189.68; as so modified, affirmed without costs.

In this small claims action, plaintiff sought to recover the value of her vehicle after it was totaled in a collision with defendant's vehicle. Defendant conceded liability in the court below and on appeal. In general, the measure of damages for injury to either a commercial or a pleasure vehicle is the difference between the market value of the vehicle immediately before and immediately after the accident. Thus, when the vehicle is totally destroyed, and cannot be repaired, the measure of damages is the difference between the market value before destruction and the salvage value of the wreckage (Gass v Agate Ice Cream, Inc., 264 NY 141 [1934]; 88 NY Jur 2d, Automobiles and Other Vehicles § 1131). The plaintiff is also entitled to the towing costs (Aurnov v Craig, 184 AD2d 1048 [1992]).

In the case at bar, plaintiff failed to establish entitlement to the amount awarded by the lower court. The defendant's attorney stated that the fair market value of the vehicle prior to the accident was $1,114.68 and the salvage value was $25. The foregoing damages exceeded the amount established by plaintiff. Consequently, the plaintiff should be awarded $1,089.68, plus $100 for towing, for a total of $1,189.68. Plaintiff did not introduce any evidence as to the cost of leasing an automobile after the accident.

Rudolph, P.J., McCabe and Lippman, JJ., concur. [*2]
Decision Date: January 8, 2007