RODOLITZ v. BOSTON-OLD COLONY INS. CO.


74 A.D.2d 821 (1980)

Abraham J. Rodolitz, Doing Business as Rodolitz Realty Company, Appellant, v. Boston-Old Colony Insurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 3, 1980


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

To establish the value of repairs made to his Mercedes Benz, plaintiff called the person in charge of preparing repair estimates at a local Mercedes Benz dealership. Although the witness had not actually observed plaintiff's vehicle, counsel intended to elicit estimates of the cost of the repairs by posing hypothetical questions detailing the repairs to which the other witnesses had...

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