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Damages

Reid v. Finch

Monday, April 2, 2012

When plaintiff achieves a verdict of less than 80 percent of the offer of judgment, he may be assessed counsel fees to reduce his net recovery to zero, but not below zero.

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State v. Perini Corporation

Monday, April 2, 2012

The 10-year statute of repose did not bar the state from seeking damages under a multiphase construction contract for alleged defects of a hot water system connected to the entire project.

Kozma v. Starbucks Coffee Co.

Tuesday, March 23, 2010

Despite the jury's allocating 60% of fault and proximate cause to Starbucks and 40% to plaintiff in this slip-and-fall case, there was no miscarriage of justice in its denial of compensatory damages.

State v. Cassady

Wednesday, March 11, 2009

There was no rational basis for a jury instruction on theft as a lesser-included offense to robbery where, in committing the crime, defendant threatened a bank teller by demanding money and vaulted a seven-foot partition into the teller's area, causing the teller to flee for her life.

Petri Paint Company Inc. v. OMG Americas Inc.

Wednesday, February 4, 2009

Where defendant shipped a nonconforming chemical product, which plaintiff introduced into its polyurethane manufacturing process, summary judgment based on a limited remedy clause is inappropriate as to plaintiff's breach-of-warranty claims.

The Cost of Medical Battery

Friday, November 30, 2007

The Appellate Division established new precedent on calculating damages when a patient consents to a medical procedure, but not to a component part of that procedure.