Opinion
No. 2014–1608QC.
01-08-2016
TOMTRANS TAXI, LTD., Appellant, v. MADRID TAXI, INC. and MD Y. Ali, Respondents.
Opinion
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 N.Y. 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.