Glazer v. Quittman

John M. Friedman, Sr., J.

There was a collision between the parties’ autos, and plaintiff seeks to recover for the damage to her auto. The versions testified to by plaintiff’s driver and by defendant were substantially different, and the court accepts as correct that of the former, which shows that defendant was solely at fault.

There is involved, however, a troublesome question of law and fact relating to the ability of plaintiff to prove damage. She did not have her auto repaired, so as to be able to use the procedure of CPLR 4533-a, because she did not have the money for repairs. She…