Cecere v. Harquail
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J. P.
In Allanson v Cummings (81 AD2d 16) we held that where the owner of a vehicle totally destroyed in an accident is unable to obtain a suitable replacement immediately, he may recover damages for loss of use measured by the “reasonable rental value of a substitute vehicle for a reasonable period of time until a replacement can be made” (Allanson v Cummings, supra, p 21). In so doing we followed precedents in a growing number of jurisdictions allowing recovery in such situations (see n 1, infra). The question here is whether an owner can recover for the…
2Cases cited12 opinions
- Rush v. SavchukSupreme Court of the United States · 1980
- Seider v. RothNew York Court of Appeals · 1966
- Gager v. WhiteNew York Court of Appeals · 1981
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Donawitz v. DanekNew York Court of Appeals · 1977
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3Cited by7 opinions
- J & D Towing, LLC v. American Alternative Insurance Corp.Texas Supreme Court · 2016
- Persinger v. LucasIndiana Court of Appeals · 1987
- United Truck Rental Equipment Leasing, Inc. v. Kleenco Corp.Hawaii Intermediate Court of Appeals · 1996
- Aurnou v. CraigAppellate Division of the Supreme Court of the State of New York · 1992
- Badillo v. HillDistrict Court of Appeal of Florida · 1990
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