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FRANKLIN CORP. v. PRAHLER

960 CA 11-00079

91 A.D.3d 49 (2011)

932 N.Y.S.2d 610

2011 NY Slip Op 7947

FRANKLIN CORPORATION, Appellant, v. JUSTIN M. PRAHLER, Respondent, et al., Defendant.

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

Decided November 10, 2011.

Attorney(s) appearing for the Case

The Knoer Group, PLLC, Buffalo ( Robert E. Knoer of counsel), for appellant.

Mura & Storm, PLLC, Buffalo ( Eric T. Boron of counsel), for respondent.

SCUDDER, P.J., PERADOTTO, CARNI, GORSKI and MARTOCHE, JJ., concur.

OPINION OF THE COURT

MARTOCHE, J.

On this appeal, we are presented with an issue concerning damages, namely, whether a plaintiff whose personal property has allegedly increased in value from the time of its purchase is limited to recovering damages for the cost of repairs to the personal property after it has been damaged or whether the plaintiff may in addition seek to recover damages for the diminution in value of the property. Supreme Court agreed with...

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