Legal Opinion

Donnelly v. Poliakoff

Appellate Terms of the Supreme Court of New York

Decided February 15, 1913PublishedCited by 4 opinions

Appeal by the defendant from a judgment of the Municipal Court of the city of Yew York, borough of Manhattan, third district, rendered in favor of the-plaintiff in an action to recover for damage to the plaintiff’s automobile.

1Opinion of the CourtLehman, J.

The plaintiff has recovered a judgment for damages sustained by reason of a collision between his auto*251mobile and a truck owned by the defendant. These damages include not only the cost of repairs but also a sum allowed for deprivation of the use of the automobile during the time required for these repairs. It appears that the automobile was used in the plaintiff’s business but it does not appear in what manner it was used nor what profits were derived from its use. It further appears that, while the automobile was in the repair shop, the plaintiff hired no other automobile but used a second…

2Cases cited1 opinion

  1. Bondy v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907

3Cited by4 opinions

  1. Cook v. Packard Motor Car Co.Supreme Court of Connecticut · 1914
  2. Naughton Mulgrew Motor Car Co. v. Westchester Fish Co.Appellate Terms of the Supreme Court of New York · 1919
  3. Pittari v. Madison Avenue Coach Co.City of New York Municipal Court · 1947
  4. Sellari v. Palermo, New York County Courts1947

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