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Ottavio Valentino v. Nasio Studio, Inc.

Supreme Court, Appellate Term, First Department
May 8, 1930
136 Misc. 826 (N.Y. App. Term 1930)

Opinion

May 8, 1930.

Appeal from the Municipal Court, Borough of Bronx, Second District.

M. Strassman, for the appellant.

No appearance for the respondent.


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.


Summaries of

Ottavio Valentino v. Nasio Studio, Inc.

Supreme Court, Appellate Term, First Department
May 8, 1930
136 Misc. 826 (N.Y. App. Term 1930)
Case details for

Ottavio Valentino v. Nasio Studio, Inc.

Case Details

Full title:OTTAVIO VALENTINO, Respondent, v. NASIO STUDIO, INC., Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: May 8, 1930

Citations

136 Misc. 826 (N.Y. App. Term 1930)
242 N.Y.S. 277

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