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Andrew v. Elm Chevrolet Co.
Citations: 81 A.D.2d 937; 439 N.Y.S.2d 624; 1981 N.Y. App. Div. LEXIS 11671
Court: Appellate Division of the Supreme Court of the State of New York; May 7, 1981; New York; State Appellate Court
An appeal was made from a County Court order affirming a judgment from the Justice Court of Big Flats in favor of the defendant regarding possession of an automobile. Plaintiffs sought either possession of the vehicle or its reasonable value after the defendant refused to return it due to an unpaid repair bill of $197.20. The plaintiffs argued they did not authorize the repairs and deemed the bill excessive. A jury trial concluded with a verdict favoring the defendant on October 26, 1979. The plaintiffs' subsequent motion to set aside the verdict was denied, and a judgment was entered in favor of the defendant on January 3, 1980. The County Court upheld this judgment, with the appellate court agreeing that the issues of authorization and the bill's excessiveness were factual matters resolved by the jury. Sufficient evidence supported the jury's decision, which was affirmed by both the Town Justice and County Judge. The appellate court noted that the trial court's refusal to charge the jury on specific Vehicle and Traffic Law provisions and a regulation from the Commissioner of Motor Vehicles was appropriate, as plaintiffs did not demonstrate necessary demands to invoke those provisions. Furthermore, allegations regarding improper conduct by defense counsel were dismissed as lacking merit. The order was affirmed with costs.