| Tomtrans Taxi, Ltd. v Madrid Taxi, Inc. |
| 2016 NY Slip Op 50044(U) [50 Misc 3d 134(A)] |
| Decided on January 8, 2016 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered May 29, 2014. The order, insofar as appealed from, denied the branch of plaintiff's motion seeking summary judgment on the issue of damages.
ORDERED that the order, insofar as appealed from, is affirmed, without costs.
In this action to recover for property damage resulting from a motor vehicle accident, plaintiff appeals from so much of an order as denied the branch of its motion seeking summary judgment on the issue of damages. Contrary to plaintiff's argument on appeal, the conclusory affidavit of plaintiff's expert was insufficient to make a prima facie showing of the value of the car allegedly "totaled" in the accident (see 36 NY Jur 2d, Damages § 82). Plaintiff similarly failed to make a prima facie showing as to the other elements of damage claimed. Consequently, the branch of plaintiff's motion seeking summary judgment as to damages was properly denied.
Accordingly, the order, insofar as appealed from, is affirmed.
Solomon, J.P., Weston and Elliot, JJ., concur.