Rayhn v. Nemer Volkswagen Corp

In Rayhn v. Nemer Volkswagen Corp. (77 A.D.2d 394 [3d Dept 1980], the Court gave the buyer of an automobile "a complete refund of the purchase price," but "having elected to rescind the contact, the [buyer] may not also seek damages for loss of use of the vehicle." (Id. at 397.) It appears that the loss of use claim related to a period of time after the buyer revoked acceptance of the vehicle. The decision may be considered vestiges of the election of remedies doctrine, or simply as holding that, under such circumstances, loss of use does not constitute incidental or consequential damages.