SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
November 14, 1968
GERTRUDE WACHSMAN ET AL., RESPONDENTS,
MARGARET HETHERING, APPELLANT
Concur -- Botein, P. J., Tilzer, McGivern and McNally, JJ.
Judgment after non-jury trial in favor of plaintiffs, unanimously modified, on the law, by striking therefrom the item of property damage in the amount of $875, and as so modified, affirmed, without costs or disbursements. The estimate for repairs was not admissible without supporting proof of the value of the car prior to the occurrence. (Gass v. Agate Ice Cream, 264 N. Y. 141.)
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