MILLER v. BEAUGRAND


169 A.D.2d 537 (1991)

Anthony Miller et al., Appellants-Respondents, v. Louis Beaugrand et al., Defendants, and City of New York, Respondent-Appellant

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

January 22, 1991


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 plaintiff, eight years old at the time of trial and with a life expectancy of another 59 years, was found to be suffering from the harmful effects of ingesting lead-based paint peelings over a period of at least six months. The uncontradicted medical evidence showed that he

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