| Harris-Ortega v Torres |
| 2013 NY Slip Op 52134(U) [42 Misc 3d 127(A)] |
| Decided on December 17, 2013 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff, as limited by her brief, appeals from that portion of a judgment of the Civil
Court of the City of New York, Bronx County (Jose A. Padilla, Jr., J.), entered October
24, 2012, after a nonjury trial, which limited her recovery of damages to the principal
sum of $4,458.73.
Per Curiam.
Judgment (Jose A. Padilla, Jr., J.), entered October 24, 2012, affirmed, without costs, for the reasons stated by Jose A. Padilla, Jr., J. at Civil Court.
The amount of the property damage award in plaintiff's favor was supported by the
trial evidence and was not inadequate, as it represented the difference between the
demonstrated market value of the plaintiff's vehicle prior to the collision and its ultimate
salvage value (see Gass v Agate Ice Cream, Inc., 264 NY 141, 143-144 [1934];
Johnson
v Scholz, 276 App Div 163, 164 [1949]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 17, 2013