Opinion
May 8, 1930.
Appeal from the Municipal Court, Borough of Bronx, Second District.
M. Strassman, for the appellant.
No appearance for the respondent.
Action for damages for loss of a family photograph left with defendant for enlargement. The court awarded plaintiff $100. There was no proof justifying the award. The measure of damages in such a case is the value to the plaintiff, taking into consideration the cost of the picture lost, the probability of replacing it, etc. No award for sentimental value can be made. ( Lake v. Dye, 232 N.Y. 209, at p. 214; Wamsley v. Atlas Steamship Co., 50 A.D. 199.)
Judgment reversed and a new trial ordered, with ten dollars costs to appellant to abide the event.
All concur; present, BIJUR, CALLAHAN and PETERS, JJ.