Page 663 102 ad2d 663 476 nys2d 918 mountain view coach lines inc appellant v betty storms respondent supreme court of new york second department. Loss of use damages gradually courts in most jurisdictions relaxed the traditional rule20 and offered loss of use21 as an alternative to simple diminution in value plus interest first for damaged commercial chattels 22 then for damaged non commercial or pleasure chattels23 and finally for total destruction24 of commercial25 and pleasure26 chattels. This court is bound by the holding in hopkins a fourth department case in the absence of a contrary ruling by the new york state court of appeals or the appellate division first department see mountain view coach lines inc v storms 102 ad2d 663 476 nys2d 918 this court however is not similarly bound by federal cases. Division if the court of appeals has not yet ruled on a particular issue see mountain view ndcoach lines inc v betty storms 102 ad2d 663 476 nys2d 918 2 dept 1984 fortunately the court of appeals has addressed a very similar issue to the one before this court and that decision provides guidance and precedent for this court to. Legal research midterms 2015 cuny law study guide by mary jewel mazur includes 74 questions covering vocabulary terms and more quizlet flashcards activities and games help you improve your grades what is mountain view coach lines inc v storms what is the judicial department in new york ruled on mountain view coach lines inc v storms
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