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Zaccaro v. Jenik Motor Serv

Supreme Court, Appellate Term, Second Department
Dec 4, 1990
148 Misc. 2d 664 (N.Y. App. Term 1990)

Opinion

December 4, 1990

Appeal from the Civil Court of the City of New York, Queens County, Ralph W. Sparks, J.

Gerard A. Gilbride and William Marino for appellant.


MEMORANDUM.

Judgment unanimously reversed without costs and action dismissed.

Plaintiff sued for damages arising out of defective servicing of his automobile. Although the only monetary loss alleged by plaintiff at trial was $255.84, the court awarded $700, apparently because of the distress suffered by plaintiff and his family due to malfunction of the car while it was on the road. On appeal defendant admits to the negligence of its servicing.

The award to the extent that it was for mental distress was in error. Absent a traumatic event causing fear of safety (see, Ford v Village Imports, 92 A.D.2d 717) or some special relationship or duty owed the plaintiff (not present in this case) he may not recover for mental suffering arising from breach of contract or its negligent performance (see, 36 N.Y. Jur 2d, Damages, § 102). Nor may plaintiff recover property damage since he failed to present a paid bill or estimates as required by CCA 1804.

KASSOFF, P.J., WILLIAMS and SANTUCCI, JJ., concur.


Summaries of

Zaccaro v. Jenik Motor Serv

Supreme Court, Appellate Term, Second Department
Dec 4, 1990
148 Misc. 2d 664 (N.Y. App. Term 1990)
Case details for

Zaccaro v. Jenik Motor Serv

Case Details

Full title:ARMANDO ZACCARO, Respondent, v. JENIK MOTOR SERVICE, Appellant

Court:Supreme Court, Appellate Term, Second Department

Date published: Dec 4, 1990

Citations

148 Misc. 2d 664 (N.Y. App. Term 1990)
567 N.Y.S.2d 572

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