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OTTAVIO VALENTINO, Respondent, v. NASIO STUDIO, INC., Appellant.

PER CURIAM.

Action for damages for loss of a family photograph left with defendant for enlargement. The court awarded plaintiff $100. There was no proof justifying the award. The measure of damages in such a case is the value to the plaintiff, taking into consideration the cost of the picture lost, the probability of replacing it, etc. No award for sentimental value can be made. ( Lake v. Dye, 232 N.Y. 209, at p. 214; Wamsley v. Atlas Steamship Co., 50 A.D. 199.)

Judgment reversed and a new trial ordered, with ten dollars costs to appellant to abide the event.

All concur; present, BIJUR, CALLAHAN and PETERS, JJ.

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OTTAVIO VALENTINO v. NASIO STUDIO, INC
(May 8, 1930)