ZACCARO v. JENIK MOTOR SERV.


148 Misc.2d 664 (1990)

Armando Zaccaro, Respondent, v. Jenik Motor Service, Appellant.

Supreme Court, Appellate Term, Second Department.

December 4, 1990


Attorney(s) appearing for the Case

Gerard A. Gilbride and William Marino for appellant.

KASSOFF, P. J., WILLIAMS and SANTUCCI, JJ., concur.


MEMORANDUM.

Judgment unanimously reversed without costs and action dismissed.

Plaintiff sued for damages arising out of defective servicing of his automobile. Although the only monetary loss alleged by plaintiff at trial was $255.84, the court awarded $700, apparently because of the distress suffered by plaintiff and his family due to malfunction of the car while it was on the road. On appeal defendant admits to...

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