After Robert L. Tompkins sued to recover damages caused to his vehicle, the Beekman Justice Court conducted a trial to determine the extent of Jill Underwood's liability.
Although a damaged door had been replaced with a new one, and the cost was $2,609.91, Underwood's insurance refused to pay for the repair, claiming that a used door would have sufficed.
Thinking Underwood was denied an opportunity to participate in the decision-making process, the Justice Court refused to find her responsible for the sums sought.
Since Underwood (by way of her insurance company) hadn't timely challenged Tompkins' repair selection, the Appellate Term, Second Department, thought she was responsible for the full cost.
A new door closed on that.
To view a copy of the Appellate Term's decision, please use this link: Tompkins v. Underwood