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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)

Citation
Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)
Parent Document
Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)
Jurisdiction
New York (state)
Effective Date
2017-07-12

Full Text

898 chars
The absence of market value for an item of personal property damaged by another does not restrict the owner to nominal damages; rather, recourse may then be had to some other rational method of ascertaining the value of the property from such elements as are attainable (36 NY Jur 2d, Damages § 84; MacGregor v Watts, 254 App Div 904 [2d Dept 1938]). In such cases, the actual or intrinsic value of such property is deemed *863to be the correct measure of damages (Robbins v Cooper Assoc., 14 NY2d 913 [1964]). Value to the owner may determine the compensation for loss of property which has no market value, especially where it is peculiarly valuable to its owner (Blauvelt v Cleveland, 198 App Div 229 [4th Dept 1921] [dog]). The owner of a chattel is qualified by reason of that relationship alone to give his or her estimate as to its value (Peters v Berkeley, 219 App Div 261 [1st Dept 1927]).