Fourth Department – Motor vehicle accident: Hazlett v. Niezgoda

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Motor vehicle accident — Repairs — Diminution of value

Hazlett v. Niezgoda

CA 24-00805

Appealed from Supreme Court, Niagara County

Background: The plaintiff commenced an action for the diminution in value of his motor vehicle after it was damaged in a collision with a vehicle owned and operated by the defendant. Following the repairs paid for by the insurer, the vehicle handled as well as it had before the accident, but the plaintiff observed gaps between the trunk of his vehicle and the side panels were wider before the accident. The plaintiff appealed from the grant of summary judgment to the defendant.

Ruling: The Appellate Division reversed and reinstated the complaint. The court noted that the defendant’s motion relied on an affirmation from his attorney who did not have personal knowledge of the facts, and the defendant offered no proof establishing that the repairs to the vehicle restored it to its pre-accident value. The Appellate Division further held that the plaintiff failed to offer any evidence that the repairs did not restore the vehicle to its pre-accident value. The plaintiff relied on an unsworn diminished value report by an alleged expert who concluded that the market value of the car was diminished because of the accident, not the repairs.

Richard G. Monaco for the plaintiff-appellant; James H. Cosgriff III, of the Mura Law Group, for the defendant-respondent.

Oral argument video