State v. Sossei

Appeal from an order of the Supreme Court (Hughes, J.), entered February 24, 1988 in Albany County, which denied plaintiffs motion to dismiss the affirmative defense of setoff for depreciation and salvage asserted in defendants’ answer.

*889The issue on this appeal concerns the measure of damages in plaintiffs action to recover for the damage caused to its guardrails due to defendants’ negligence in the operation of a tractor trailer on Interstate Route 88 in Otsego County. Plaintiff contends that it is entitled to recover the entire cost of repairing the guardrails. Defendants contend that they…