Legal Opinion

Miller v. Beaugrand

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

Decided January 22, 1991PublishedCited by 4 opinions

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Hansel McGee, J.), entered September 19, 1989, which, after a jury trial, reduced the award of $1,700,000, apportioned 80% against defendant Beaugrand-Fisher Group Inc. and 20% against defendant City of New York, to the amount of $200,000, unanimously modified, on the law and the facts, to reinstate the jury award if $1,700,000, and except as thus modified, affirmed, without costs or disbursements.

Based upon the record before us, we find that the trial court usurped the jury’s function in reducing the damage award from $1,700,000 to $200,000. The infant…

2Cases cited3 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Farragher v. City of New YorkNew York Court of Appeals · 1968
  3. Farragher v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1966

3Cited by4 opinions

  1. Hancock v. 330 Hull Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Mayi v. 1551 St. Nicholas LLCAppellate Division of the Supreme Court of the State of New York · 2004
  3. Sampson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
  4. Valencia Ex Rel. Franco v. LeeDistrict Court, E.D. New York · 2000

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