Allanson v. Cummings
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*17OPINION OF THE COURT
Cardamone, J. P.
In the case before us we consider what rule of damages should apply to determine the value of the loss of use of a motor vehicle which is damaged beyond repair. Old cases— grounded in the history of the common law—which denied any damages for loss of usable value (see, e.g., Reis v Long Is. R. R. Co., 88 App Div 611, 612) are not appropriate guides for today. Special Term’s view that loss of use should be limited to the time needed to determine whether the vehicle is totally destroyed is unduly restrictive. The applicable rule for damages and for loss of…
2Cases cited8 opinions
- Gass v. Agate Ice Cream, Inc.New York Court of Appeals · 1934
- Kohl v. ArpSupreme Court of Iowa · 1945
- Dennis v. Ford Motor CompanyDistrict Court, W.D. Pennsylvania · 1971
- Colonial Motor Coach Corp. v. New York Central RailroadNew York Supreme Court · 1928
- Atlantic Aviation Corp. v. United StatesDistrict Court, D. Delaware · 1978
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3Cited by13 opinions
- J & D Towing, LLC v. American Alternative Insurance Corp.Texas Supreme Court · 2016
- Persinger v. LucasIndiana Court of Appeals · 1987
- Roundtree v. SinghAppellate Division of the Supreme Court of the State of New York · 1988
- United Truck Rental Equipment Leasing, Inc. v. Kleenco Corp.Hawaii Intermediate Court of Appeals · 1996
- Kintner v. Claverack Rural Electric Co-Operative, Inc.Supreme Court of Pennsylvania · 1984
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