Dunn Appraisal Co. v. Foschio

Appellate Division of the Supreme Court of New York

Dunn Appraisal Co. v. Foschio

94 A.D.2d 695, 461 N.Y.S.2d 895, 1983 N.Y. App. Div. LEXIS 18119

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

DecidedMay 2, 1983

StatusPublished

Cited by4 cases

This text of 94 A.D.2d 695 (Dunn Appraisal Co. v. Foschio) 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

Dunn Appraisal Co. v. Foschio, 94 A.D.2d 695, 461 N.Y.S.2d 895, 1983 N.Y. App. Div. LEXIS 18119 (N.Y. Ct. App. 1983).

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Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Motor Vehicles, which, after a hearing, (1) found that petitioner had violated (a) section 398-e (subd 1, par [j]) of the Vehicle and Traffic Law and 15 NYCRR 82.4 (a) (10) by knowingly issuing a false and misleading estimate, (b) 15 NYCRR 82.5 (a), by willfully failing to provide a written estimate, and (c) section 398-e (subd 1, par [k]) of the Vehicle and Traffic Law by engaging in a course of conduct which unreasonably impeded or delayed a consumer’s right to a fair recovery on an automobile property damage claim, and (2) imposed a $300 civil penalty and five-day suspension of its repair shop registration. Determination confirmed and proceeding dismissed on the merits, with costs. On this record there was substantial evidence to support the commissioner’s determination as to each of the violations (see Matter of Hannon v Cuomo, 52 NY2d 775). Further, the penalty imposed is not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board ofEduc., 34 NY2d 222; cf. Government Employees Ins. Co. v Commissioner of Motor Vehicles, 94 AD2d 695). Gibbons, J. P., O’Connor, Weinstein and Brown, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Motor Vehicles, which, after a hearing, (1) found that petitioner had violated (a) section 398-e (subd 1, par [j]) of the Vehicle and Traffic Law and 15 NYCRR 82.4 (a) (10) by knowingly issuing a false and misleading estimate, (b) 15 NYCRR 82.5 (a), by willfully failing to provide a written estimate, and (c) section 398-e (subd 1, par [k]) of the Vehicle and Traffic Law by engaging in a course of conduct which unreasonably impeded or delayed a consumer’s right to a fair recovery on an automobile property damage claim, and (2) imposed a $300 civil penalty and five-day suspension of its repair shop registration. Determination confirmed and proceeding dismissed on the merits, with costs. On this record there was substantial evidence to support the commissioner’s determination as to each of the violations (see Matter of Hannon v Cuomo, 52 NY2d 775). Further, the penalty imposed is not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board ofEduc., 34 NY2d 222; cf. Government Employees Ins. Co. v Commissioner of Motor Vehicles, 94 AD2d 695). Gibbons, J. P., O’Connor, Weinstein and Brown, JJ., concur.

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Bluebook (online)

94 A.D.2d 695, 461 N.Y.S.2d 895, 1983 N.Y. App. Div. LEXIS 18119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-appraisal-co-v-foschio-nyappdiv-1983.

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