Fisher v. Qualico Contracting Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “replacement cost and diminution 6 in market value are simply two sides of the same coin”
• stating that the principle provides a plaintiff with “no more than is reasonably necessary to remedy fully the injury while avoiding uneconomical efforts” (internal quotation marks omitted)
• stating that the 9 principle provides a plaintiff with “no more than is reasonably necessary to 10 remedy fully the injury while avoiding uneconomical efforts” (internal quotation 11 marks omitted)
• finding that “replacement cost and diminution in market value measured the same loss”
• affirming New York’s rule that as between market value and replacement cost, the plaintiff is entitled to the lesser of the two
• noting, consistent with pattern jury instructions, the proper measure of damages may comprise “the reasonable cost of repairs necessary to restore [the property] to its former condition.”

Source: CourtListener parenthetical corpus (CC0).