Legal Opinion

Blackman v. Michael Friedman Publishing Group, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 10, 1994PublishedCited by 5 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Myriam Altman, J.), entered January 26, 1993, which, after a nonjury trial, awarded the plaintiff damages of $146,000 plus interest from May 19, 1987, unanimously modified, on the law and the facts and in the exercise of discretion, to reduce the award to $58,400 plus interest and otherwise affirmed, without costs.

Defendant failed to exercise reasonable care by losing or misplacing 146 of the plaintiff’s transparencies (I.C.C. Metals v Municipal Warehouse Co., 50 NY2d 657). The proper standard to determine plaintiff’s damages is a consideration of the…

2Cases cited3 opinions

  1. I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
  2. Alen MacWeeney, Inc. v. Esquire AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
  3. Nierenberg v. Wursteria, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by5 opinions

  1. William Gasperini v. The Center for Humanities, Inc., Doing Business as Guidance AssociatesCourt of Appeals for the Second Circuit · 1998
  2. Grace v. Corbis-SygmaCourt of Appeals for the Second Circuit · 2007
  3. William Gasperini v. The Center for Humanities, Inc., Doing Business as Guidance AssociatesCourt of Appeals for the Second Circuit · 1995
  4. Raishevich v. FosterDistrict Court, S.D. New York · 1998
  5. Whalen v. VillegasNassau County District Court · 2013

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