Brown v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Brown v. New York City Transit Authority

295 A.D.2d 384, 743 N.Y.S.2d 293, 2002 N.Y. App. Div. LEXIS 5991

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 10, 2002

StatusPublished

This text of 295 A.D.2d 384 (Brown v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. New York City Transit Authority, 295 A.D.2d 384, 743 N.Y.S.2d 293, 2002 N.Y. App. Div. LEXIS 5991 (N.Y. Ct. App. 2002).

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Opinion

—In an action to [385]*385recover damages for injury to property, the defendants appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated October 9, 2001, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff brought this action to recover damages for injury to property after her guide dog was injured while accompanying her as a passenger in a van owned and operated by the defendant Access-A-Ride. The defendants moved for summary judgment dismissing the complaint, inter alia, on the ground that the plaintiff had not suffered any damages. Contrary to the defendants’ contention, the Supreme Court properly denied their motion. In an action such as this, the plaintiff’s damages include the loss of use of the guide dog for the time she was deprived of its use (see Mountain View Coach Lines v Storms, 102 AD2d 663, 665; see also Blauvelt v Cleveland, 198 App Div 229; Stettner v Graubard, 82 Misc 2d 132).

The defendants’ remaining contentions are without merit. Altman, J.P., Feuerstein, Friedmann, Schmidt and Townes, JJ., concur.

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—In an action to [385]*385recover damages for injury to property, the defendants appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated October 9, 2001, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff brought this action to recover damages for injury to property after her guide dog was injured while accompanying her as a passenger in a van owned and operated by the defendant Access-A-Ride. The defendants moved for summary judgment dismissing the complaint, inter alia, on the ground that the plaintiff had not suffered any damages. Contrary to the defendants’ contention, the Supreme Court properly denied their motion. In an action such as this, the plaintiff’s damages include the loss of use of the guide dog for the time she was deprived of its use (see Mountain View Coach Lines v Storms, 102 AD2d 663, 665; see also Blauvelt v Cleveland, 198 App Div 229; Stettner v Graubard, 82 Misc 2d 132).

The defendants’ remaining contentions are without merit. Altman, J.P., Feuerstein, Friedmann, Schmidt and Townes, JJ., concur.

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Bluebook (online)

295 A.D.2d 384, 743 N.Y.S.2d 293, 2002 N.Y. App. Div. LEXIS 5991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-new-york-city-transit-authority-nyappdiv-2002.

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