Summary
In Girard, the court made no reference to the purported industry standard, but instead valued transparencies that "represented classics from a long career."
Summary of this case from Gasperini v. Center for Humanities, Inc.Opinion
February 2, 1989
Appeal from the Supreme Court, New York County (Martin Stecher, J.).
While it is well established that it is the function of the jury to assess damages, appropriate court intervention is in order when the amount awarded is clearly excessive. (Kupitz v Elliot, 42 A.D.2d 898.) After careful review of the within record, including the testimony of the two experts, we conclude that the amount of damages awarded to plaintiff-respondent for the loss of its photographic slides is excessive to the extent indicated.
Concur — Kupferman, J.P., Sullivan, Carro, Asch and Kassal, JJ.