MOUNTAIN VIEW COACH v. STORMS


102 A.D.2d 663 (1984)

Mountain View Coach Lines, Inc., Appellant, v. Betty Storms, Respondent

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

June 18, 1984


Attorney(s) appearing for the Case

George A. Roland for appellant.

Owen & Grogan (Thomas N. O'Hara of counsel), for respondent.

MOLLEN, P. J., WEINSTEIN and RUBIN, JJ., concur.


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...

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