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Lozinsky v. Michael Neubauer Servicenter

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 673 (N.Y. App. Div. 1999)

Opinion

March 22, 1999

Appeal from the Supreme Court, Westchester County (Friedman, J.H.O.).


Ordered that the judgment is affirmed, with costs.

Contrary to the appellants' contention that, among other things, the fact-finding court erred in according any weight to the testimony of the plaintiff's witness, David Lempert, there is no basis for disturbing the court's resolution of credibility issues or any of its other findings ( see, Taran v. State of New York, 186 A.D.2d 794, 795-796; Vizzari v. State of New York, 184 A.D.2d 564).

The court applied the proper measure of damages ( see, Gass v. Agate Ice Cream, 264 N.Y. 141, 144; Deutsch v. National Props., 19 A.D.2d 823) and its determination as to the reasonable value of the plaintiff's vehicle immediately prior to its destruction is not contrary to the weight of the evidence, or without foundation in the record ( see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495; Rigopoulos v. State of New York, 236 A.D.2d 459, 460-461).

The appellants' remaining contentions are without merit.

Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Lozinsky v. Michael Neubauer Servicenter

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 673 (N.Y. App. Div. 1999)
Case details for

Lozinsky v. Michael Neubauer Servicenter

Case Details

Full title:DONNA A. LOZINSKY, Respondent, v. MICHAEL NEUBAUER SERVICENTER, INC., et…

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

Date published: Mar 22, 1999

Citations

259 A.D.2d 673 (N.Y. App. Div. 1999)
685 N.Y.S.2d 618

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