AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

CAROLYN FOXWORTH, Appellant, v. HRISTOS TJUTJULIS, Respondent.

It is undisputed that plaintiff was wrongfully evicted and that the damages she alleges stem from the wrongful eviction. Many of plaintiff's damage claims concern personal property with no market value. Receipts are not required to establish the value of such property; actual monetary loss to the owner, value of the property to the owner, reasonable value, character and condition at the time of loss and extent of the damage are all admissible to prove damages (36 NY Jur 2d, Damages § 86). As plaintiff was not provided with the opportunity to submit such evidence, a new trial is required limited to plaintiff's complaint.

Defendant did not cross-appeal from the dismissal of his counterclaims, and therefore this disposition stands.

Use AI to get other relevant cases.

Comments

FOXWORTH v. TJUTJULIS, 2003-1530 (7-1-2004)
(Jul 1, 2004)