Appeal, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered December 21, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of only $250.

Judgment affirmed without costs.

In this action to recover for defendant's failure to return plaintiff's property, specifically, the ashes of plaintiff's cremated dog, the Civil Court awarded plaintiff the cost of cremating his dog. On appeal, plaintiff asserts that the award was inadequate because it did not take into account the additional sentimental value of the ashes. However, the proper measure of damages is the value of the ashes to plaintiff based on plaintiff's actual monetary loss, to the exclusion of "sentimental or emotional loss consequent upon [their] destruction" (Kennedy v McKesson Co., 58 NY2d 500, 507 [1983]; see also Lake v Dye, 232 NY 209, 214 [1921]; Bertin v Bertin, 14 Misc 3d 144[A], 2007 NY Slip Op 50392[U] [App Term, 9th & 10th Jud Dists 2007]; Correa v Midtown Moving, 4 Misc 3d 135[A], 2004 NY Slip Op 50798[U] [App Term, 1st Dept 2004]). Here, plaintiff provided competent proof only of the cost of cremation. The decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). As we find no basis to disturb the Civil Court's findings, the judgment is affirmed.

Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: July 29, 2009