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Costanz v. Finnegan's Moving Warehouse Corp.

Appellate Term of the Supreme Court of New York, Second Department
Oct 1, 2003
2003 N.Y. Slip Op. 51368 (N.Y. App. Term 2003)

Opinion

2002-220 OR C.

Decided October 1, 2003.

Appeal by defendant from a small claims judgment of the Justice Court, Town of Newburgh, Orange County (T. Tamsen, J.), entered September 24, 2001, in favor of plaintiff in the principal sum of $429.

Judgment unanimously modified by reducing the amount of the award to plaintiff to the principal sum of $179; as so modified, affirmed without costs.

PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.


Plaintiff instituted this small claims action to recover the cost of repair to his furniture which was damaged by defendant. The evidence presented at trial indicated that plaintiff, in lieu of limiting any damage to the amount set forth in defendant's tariff, opted to contract for full replacement value up to the declared value of the furniture less a $250 deductible. Inasmuch as the cost of repair was $429, plaintiff's recovery is limited to said sum less $250, or $179.


Summaries of

Costanz v. Finnegan's Moving Warehouse Corp.

Appellate Term of the Supreme Court of New York, Second Department
Oct 1, 2003
2003 N.Y. Slip Op. 51368 (N.Y. App. Term 2003)
Case details for

Costanz v. Finnegan's Moving Warehouse Corp.

Case Details

Full title:NICHOLAS COSTANZ, Respondent, v. FINNEGAN'S MOVING WAREHOUSE CORP.…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Oct 1, 2003

Citations

2003 N.Y. Slip Op. 51368 (N.Y. App. Term 2003)