Alam v De Olivera

[*1] Alam v De Olivera 2012 NY Slip Op 51359(U) Decided on July 23, 2012 City Court Of Mt. Vernon Seiden, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 23, 2012
City Court of Mt. Vernon

Md Zakirul Alam and MOHAMMAD I. ALAM, Plaintiff(s)

against

Fabiana De Olivera and LOUIS G. DE OLIVERA, Defendant(s).



0392-12

Adam Seiden, J.

Plaintiff brought this small claims action to recover three thousand one hundred

dollars ($3,100.00) alleging damages to his 2003 Ford Taurus as a result of the alleged

negligence of defendant. It is uncontested that on December 28, 2011 at approximately

6:00 PM, plaintiff and defendant had an automobile accident in White Plains, New York

on Route 119 at the intersection of Central Avenue. Plaintiff was traveling Northbound

and defendant Southbound. At the intersection, defendant made a left hand turn to

enter the Bronx River Parkway and the cars crashed. The front right of plaintiff's car

came into contact with the front of defendant's car.

The intersection is controlled by a traffic light with turn signals for left hand turns

in both directions. Both plaintiff and defendant claim they had the right of way. After

hearing the testimony of the parties and judging their credibility, I find liability to be

apportioned two thirds (2/3) to defendant and one third (1/3) to plaintiff.

On the issue of damages, plaintiff submitted a towing bill for three hundred and

twenty eight dollars ($328.00) and stated his car was totaled and might have had [*2]

90,000 or 95,000 miles on it at the time of the accident. He said that the "book value"

was two thousand eight hundred dollars ($2,800.00). This method without proper

authentication is woefully insufficient. In order for the court to accept the Kelley Blue

Book value as prima facie evidence of the diminution in value of plaintiff's vehicle, the

court would require admissible and sufficient evidence that the vehicle had no market

value after the collision. Plaintiff's testimony that his vehicle was totaled and the "book

value" of said vehicle, unsupported by any expert testimony, is not sufficient (Miller v

Sanchez, 6 Misc 3d 479 (Civ Ct. Kings Co. 2004)).

However, the Court believes it would not be meeting its statutory charge of doing

justice between the parties (Uniform City Court Act § 1804) if it ignored the total

damages suffered by plaintiff.

The Court attributes one thousand five hundred dollars ($1,500.00) value to the

plaintiff's car.

As a result of the foregoing, judgment should be entered for plaintiff in the sum

of one thousand two hundred eighteen dollars and sixty seven cents ($1,218.67).

The above constitutes the Decision and Order of the Court.

Dated: Mount Vernon, New York

July 23, 2012

HON. ADAM SEIDEN

Associate City Judge of Mount Vernon

To:MD Zakirul Alam

Mohammad I. Alam

146 S. Broadway, 2nd Floor

White Plains, New York 10605-1430 [*3]

Fabiana De Olivera

Luis G. De Olivera

339 Locust Street, 2nd Floor

Mount Vernon, New York 10550-1067