Appellate Spotlight: Hinshaw Legal Team Defeats Creative Attempt to Recalculate the New York Property Damage Formula
Press Release | 2 min read
Sep 27, 2024
A Hinshaw legal team, led by Al Angelo, Brent Reitter, and Hayden Farmer, recently defeated a creative and determined attempt to modify New York’s common-law rule on automobile damages and expand the number of available damages to include post-accident depreciation.
What Was at Stake?
For more than a century, New York courts have consistently reaffirmed that the measure of damages to personal property caused by negligence is the difference in the market value immediately before and immediately after the accident or the reasonable cost of repairs necessary to restore it to its former condition, depending on whichever is lesser.
Plaintiff sought to set aside this approach, arguing that the law was antiquated and an outlier among sister state laws. Had he succeeded, the resulting expansion of available damages would have had far-reaching and costly implications for all motor vehicle insurers. The value of every automobile property damage claim would have immediately increased.
With over 100,000 motor vehicle accidents in New York each year, those costs would likely be in the tens or hundreds of millions of dollars. In addition, litigation concerning automobile property damage claims would have become more expensive and prolonged due to the need for valuation experts to opine on pre and post-accident valuation.
The Facts of the Case
Five days before the accident at issue, plaintiff obtained a quote to trade in his vehicle for $22,500. Ten days after the accident, the same car dealership reduced its quote by $3,000 due to the intervening accident. The value reduction occurred despite the plaintiff’s insurer paying over $8,000 for repairs. Plaintiff sued to recover the $3,000 difference.
Decision Affirmed on Appeal
Hinshaw successfully moved to dismiss plaintiff’s claim before the Supreme Court, Erie County (Donna M. Siwek, J.S.C.) since plaintiff had been fully compensated for all repairs by his insurance carrier. Following plaintiff’s appeal, Hinshaw obtained a unanimous affirmance of Justice Siwek’s opinion before the New York State Supreme Court, Appellate Division, Fourth Department, and successfully opposed plaintiff’s motion for leave to appeal to the New York State Court of Appeals.
The cases were: Freitas v. Ahmed, Mo. No. 2024-350 (Sept. 19, 2024) (Ct. of Appeals), and Freitas v. Ahmed, CA 20-00367 (Mar. 22, 2024) (Appellate Division, Fourth Dep’t).
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

Healthcare Alert
Jul 24, 2026
Q&A: Right to Electronic Monitoring Extended to Illinois Assisted and Shared Living Facilities

Press Release
Jul 23, 2026
Insurance Partner Christophe Burusco Joins Hinshaw in Los Angeles

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota



