NEGLECTED TO SHOW WHAT LED TO VAN’S TRANSMISSION FAILURE
Claiming that a dealership had overfilled his van’s transmission, thus causing it to fail, G.M. filed suit against Dutchess Chrysler Jeep Dodge seeking to recover $4,213.13 in damages. And after the City Court of Poughkeepsie found in the van’s owner’s favor, the dealership appealed to the Appellate Term, Second Department.On its review, the appellate court noted that G.M. had failed to present “competent evidence” of the damages purportedly incurred. Apparently, he not only failed to present any expert testimony, but he neglected to present a paid receipt or other proof that “defendant negligently overfilled the transmission of plaintiff's van which led to the transmission's failure.”
Given those deficiencies, the underlying determination in G.M.’s favor was reversed, and his claim was dismissed.
Looks like the dealership managed to Dodge that claim.
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DECISION