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Melton v. South Shore U-Drive, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1969
32 A.D.2d 950 (N.Y. App. Div. 1969)

Opinion

July 7, 1969


In an action to recover damages for the loss of plaintiff's pedigreed Collie show dog, defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County, entered December 20, 1968 upon a jury verdict, as included a recovery against them based upon the jury's award of $8,000 for the loss of prospective stud fees (appellants' brief asks for no relief from so much of the judgment as is based on the jury award of $7,000 for the market value of the dog). Judgment reversed insofar as appealed from, on the law, with costs to appellants; accordingly, the jury's award of $8,000 for the loss of prospective stud fees is vacated; and case remitted to the trial court for entry of an amended judgment in accordance herewith. The findings of fact below have not been affirmed. In our opinion there can be no additional recovery for loss of prospective stud fees. The jury's award for the full market value of the dog fully compensates plaintiffs (see Rimbaud v. Beiermeister, 168 App. Div. 596; Kling v. United States Fire Ins. Co., 146 So.2d 635 [La. App.]). Christ, Acting P.J., Brennan, Rabin, Benjamin and Martuscello, JJ., concur.


Summaries of

Melton v. South Shore U-Drive, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1969
32 A.D.2d 950 (N.Y. App. Div. 1969)
Case details for

Melton v. South Shore U-Drive, Inc.

Case Details

Full title:EDWARD L. MELTON et al., Respondents, v. SOUTH SHORE U-DRIVE, INC., et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 7, 1969

Citations

32 A.D.2d 950 (N.Y. App. Div. 1969)
303 N.Y.S.2d 751

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