Legal Opinion
Murphy v. Buick
Appellate Terms of the Supreme Court of New York
Decided January 11, 1978PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment unanimously modified by vacating the amount awarded in favor of plaintiff against defendant and plaintiff’s cause of action is remitted to the court below for a new trial solely on the issue of damages; and as so modified, affirmed, without costs.
In this small claims matter, substantial justice was not done between the parties (CCA, § 1807).
Plaintiff pro se brought this small claims action for property damage to her automobile. Her introduction into evidence of an estimate was insufficient to establish the amount of damages. An estimate is no more than…
2Cases cited6 opinions
- Levins v. BucholtzAppellate Division of the Supreme Court of the State of New York · 1956
- Buonomo v. StalkerAppellate Division of the Supreme Court of the State of New York · 1972
- Levins v. BucholtzAppellate Terms of the Supreme Court of New York · 1955
- Robert T. Donaldson, Inc. v. Aggregate Surfacing Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1975
- Robert T. Donaldson, Inc. v. Aggregate Surfacing Corp. of AmericaNew York Court of Appeals · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Schnee v. Jonas Equities, Inc.Appellate Terms of the Supreme Court of New York · 1981
- DerOhannesian v. BergmanAlbany City Court · 1987
- Miller v. SanchezCivil Court of the City of New York · 2004
- Gonzalez v. CNLD Corp.Civil Court of the City of New York · 1981
- Lifchits v. Key 4U Transporation Corp. BusDistrict Court, E.D. New York · 2024