Mountain View Coach Lines, Inc. v. Storms
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
Plaintiff appeals from so much of a judgment of the Supreme Court, Dutchess County, as dismissed its claim for damages for loss of use of a bus placed out of service as a result of defendant’s negligence. The core issue is whether damages for loss of use are interdicted because plaintiff did not hire a substitute bus, utilizing one it maintained in reserve instead. We hold that loss of use damages are recoverable in such circumstances and decline to follow two Third Department cases to the contrary (Mountain View Coach Lines v Gehr, 80 AD2d 949; Mountain View *664Coac…
2Cases cited21 opinions
- People v. HobsonNew York Court of Appeals · 1976
- Giblin v. Nassau County Medical CenterNew York Court of Appeals · 1984
- Brooklyn Eastern District Terminal v. United StatesSupreme Court of the United States · 1932
- In Re the Estate of WilsonNew York Court of Appeals · 1983
- Lee v. Consolidated Edison Co.Appellate Terms of the Supreme Court of New York · 1978
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3Cited by181 opinions
- People v. TurnerNew York Court of Appeals · 2005
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- D'Alessandro v. CarroAppellate Division of the Supreme Court of the State of New York · 2014
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