New York Court of Appeals
Bernard Harvey, Respondents v. Mazal American Partners, Doing Business as Assay Partners…
February 25, 199279 N.Y.2d 218
Summary
The New York Court of Appeals affirmed the lower courts' discretion to allow the plaintiff to be exhibited before the jury and held that the trial judge did not abuse discretion, but remanded the case for the Appellate Division to re‑evaluate the excessiveness of the damages award under the proper CPLR 5501(c) standard and confirmed that the indemnification clause does not obligate Gem Steel to cover HRH and Assay's own negligence.