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BLACKMAN v. MICHAEL FRIEDMAN PUBL'G GROUP, INC.

201 A.D.2d 328 (1994)

607 N.Y.S.2d 43

Jeffrey E. Blackman, Respondent, v. Michael Friedman Publishing Group, Inc., Appellant

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

February 10, 1994

Defendant failed to exercise reasonable care by losing or misplacing 146 of the plaintiff's transparencies (I.C.C. Metals v Municipal Warehouse Co., 50 N.Y.2d 657). The proper standard to determine plaintiff's damages is a consideration of the uniqueness of the transparencies and plaintiff's earning potential (see, Nierenberg v Wursteria, Inc., 189 A.D.2d 571, 572, lv denied

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