Opinion
2003-1530 KC.
Decided July 1, 2004.
Appeal by plaintiff from so much of a judgment of the Civil Court, Kings County (D. Silber, J.), entered May 12, 2003, following a non-jury trial, as dismissed her complaint and awarded $300 in costs and disbursements to defendant.
Judgment insofar as appealed from unanimously reversed without costs and matter remanded for a new trial limited to plaintiff's complaint.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
It is undisputed that plaintiff was wrongfully evicted and that the damages she alleges stem from the wrongful eviction. Many of plaintiff's damage claims concern personal property with no market value. Receipts are not required to establish the value of such property; actual monetary loss to the owner, value of the property to the owner, reasonable value, character and condition at the time of loss and extent of the damage are all admissible to prove damages (36 NY Jur 2d, Damages § 86). As plaintiff was not provided with the opportunity to submit such evidence, a new trial is required limited to plaintiff's complaint.
Defendant did not cross-appeal from the dismissal of his counterclaims, and therefore this disposition stands.