Legal Opinion

Stettner v. Graubard

Harrison Town Court

Decided April 4, 1975PublishedCited by 5 opinions

1Opinion of the CourtHarvey J. Fried, J.

This is an action to recover the $220 cost of veterinary services required for plaintiff’s dog as a result of injuries the dog suffered through defendant’s negligence. A default judgment was originally granted in plaintiff’s favor for the full amount of the bills. Thereafter, defendant moved to vacate the judgment and for a hearing on the issue of damages and the motion was granted to the extent set forth in this court’s order of February 21,1975.

*133Defendant’s arguments, at the hearing, and in his brief, may be summarized as follows:

1. That plaintiffs damages cannot exceed the dog’s “market…

2Cases cited3 opinions

  1. Smith v. Palace Transportation Co.City of New York Municipal Court · 1931
  2. Blauvelt v. ClevelandAppellate Division of the Supreme Court of the State of New York · 1921
  3. Melton v. South Shore U-Drive, Inc.Appellate Division of the Supreme Court of the State of New York · 1969

3Cited by5 opinions

  1. Gluckman v. American Airlines, Inc.District Court, S.D. New York · 1994
  2. Brousseau v. RosenthalCivil Court of the City of New York · 1980
  3. Jason v. ParksAppellate Division of the Supreme Court of the State of New York · 1996
  4. Zager v. DimiliaPleasant Valley Justice Court · 1988
  5. Brown v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002

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