Blackman v. Michael Friedman Publishing Group, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
- Alen MacWeeney, Inc. v. Esquire AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Nierenberg v. Wursteria, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
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- Grace v. Corbis-SygmaCourt of Appeals for the Second Circuit · 2007
- William Gasperini v. The Center for Humanities, Inc., Doing Business as Guidance AssociatesCourt of Appeals for the Second Circuit · 1995
- Raishevich v. FosterDistrict Court, S.D. New York · 1998
- Whalen v. VillegasNassau County District Court · 2013