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LONG PLAYING SESSIONS, INC. v. DELUXE LABS., INC.

129 A.D.2d 539 (1987)

Long Playing Sessions, Inc., Respondent-Appellant, v. Deluxe Laboratories, Inc., et al., Appellants-Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 30, 1987

After review of the record, we find the award of damages to be excessive to the extent indicated. The excessiveness of the verdict was, it would appear, due to plaintiff's counsel's continual request in summation for an award equal to the market value of the lost negative and the claimed lost profits. There was no evidence in this record that plaintiff's film was or could ever have been offered to the "cable T.V." and "video cassettes...

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