Legal Opinion

Zaccaro v. Jenik Motor Service

Appellate Terms of the Supreme Court of New York

Decided December 4, 1990PublishedCited by 2 opinions

1Opinion of the Court

*665OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs and action dismissed.

Plaintiff sued for damages arising out of defective servicing of his automobile. Although the only monetary loss alleged by plaintiff at trial was $255.84, the court awarded $700, apparently because of the distress suffered by plaintiff and his family due to malfunction of the car while it was on the road. On appeal defendant admits to the negligence of its servicing.

The award to the extent that it was for mental distress was in error. Absent a traumatic event causing fear of safety (see, Ford v…

2Cases cited1 opinion

  1. Ford v. Village Imports, Ltd.Appellate Division of the Supreme Court of the State of New York · 1983

3Cited by2 opinions

  1. Yochim v. Mount Hope Cemetery Ass'nYonkers City Court · 1994
  2. Miller v. SanchezCivil Court of the City of New York · 2004

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