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CECERE v. HARQUAIL

104 A.D.2d 6 (1984)

John M. Cecere et al., Respondents, v. Celia-Virginia F. Harquail et al., Appellants

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

November 7, 1984

Attorney(s) appearing for the Case

Bond & McDonald (Kevin McDonald of counsel), for appellants.

Michael J. Roulan for respondents. (No brief or appearance.)

DOERR and MOULE, JJ., concur with HANCOCK, JR., J. P.; DENMAN, J., concurs in an opinion; CALLAHAN, J., dissents and votes to affirm in a separate opinion.

HANCOCK, JR., J. P.

In Allanson v Cummings (81 A.D.2d 16) we held that where the owner of a vehicle totally destroyed in an accident is unable to obtain a suitable replacement immediately, he may recover damages for loss of use measured by the "reasonable rental value of a substitute vehicle for a reasonable period of time until a replacement can be made" (Allanson v Cummings, supra, p 21). In so...

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