Opinion
570051/20
04-30-2021
David NEWMAN, Plaintiff-Respondent, v. AMERICAN AIRLINES, Defendant-Appellant.
Per Curiam.
Judgment (Dakota D. Ramseur, J.), entered July 23, 2019, modified by vacating the damage award and directing a new trial on the issue of damages only; as modified judgment affirmed without costs.
The trial court achieved "substantial justice" consistent with substantive law principles (see CCA 1804 ) in resolving the liability aspect of this small claims action in plaintiff's favor, since the evidence permits a finding that the plaintiff's checked Ferragamo bag had been damaged while in defendant airline's charge and that defendant's repair efforts were unsatisfactory.
Contrary to defendant's contention, the court's decision set forth sufficient findings of fact and conclusions of law to satisfy the requirements of CPLR 4213(b).
The damage award is not sustainable however. The proper measure of damages is either the difference in market value of the bag immediately before and immediately after the accident, or the reasonable cost of repairs necessary to restore it to its former condition, whichever is less (see Oparaji v 245-02 Merrick Blvd, LLC , 149 AD3d 1091, 1092 [2017] [citations omitted]; 36 NYJur 2d Damages § 82 ). Since both parties proceeded upon and the trial court utilized an incorrect measure of damages, a new trial is warranted (see Weinstein Korn Miller, NY Civil Practice CPLR § 5522.05).
All concur.