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ALLANSON v. CUMMINGS

81 A.D.2d 16 (1981)

James C. Allanson, Jr., et al., Appellants, v. John E. Cummings et al., Respondents. (Appeal No. 1.) James C. Allanson, Jr., et al., Appellants, v. John E. Cummings et al., Respondents. (Appeal No. 2.)

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

May 27, 1981

Attorney(s) appearing for the Case

Frank M. Klinger for appellants.

Mackenzie, Smith, Lewis, Michell & Hughes for respondents.

SIMONS, HANCOCK, JR., DENMAN and SCHNEPP, JJ., concur.

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...

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