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ALBARRAN v. BAY RIDGE GROUP

13 Misc.3d 12 (2006)

822 N.Y.S.2d 361

NELIDA O. ALBARRAN, Respondent, v. BAY RIDGE AUTOMOTIVE GROUP, Doing Business as BAY RIDGE AUTO MANAGEMENT CORP., Appellant.

Supreme Court, Appellate Term, Second Department.

July 18, 2006.

Attorney(s) appearing for the Case

Cantor Coscia & Schustal, LLP, Brooklyn (Suzanne M. De Meyer of counsel), for appellant.

Jeffrey Benjamin, P.C., Corona, for respondent.

RIOS and BELEN, JJ., concur; GOLIA, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment affirmed without costs.

Plaintiff commenced this action to recover $38,400 in damages due to defendant's alleged failure to properly repair her 2002 Toyota RAV 4. Plaintiff took her vehicle to defendant in October 2003 for its 30,000 mile checkup, at which time the vehicle, which plaintiff had leased in February 2002, had 30,555 miles on it. The vehicle's...

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