New York

Dimick v. Schiedt in New York Law

How Dimick v. Schiedt applies in New York: state-specific rules, key cases, and bar exam notes for Civil Procedure.

State Approach

In New York, the principles of Dimick v. Schiedt apply through the limitations on the modification of damage awards by courts. The court generally adheres to the jury's findings unless there is a clear and compelling rationale for interference, emphasizing the importance of the jury's role in determining damages.

State Rule
In New York, civil procedure mandates that a court can only modify a jury's damage award in extraordinary circumstances, reflecting the jury's duty as the arbiter of facts and damages.
Significant State Cases

Hernandez v. Robles

Affirmed the jury's discretion to award damages, reinforcing that courts should respect jury findings unless there is a lack of evidentiary support.

Cacich v. New York City Transit Authority

Held that a trial court could only reduce jury-awarded damages if the award was so excessively disproportionate to the evidence presented.

Borkowski v. Borkowski

Established the principle that courts must defer to jury determinations unless there are specific reasons provided to justify any modifications.

Comparison to Federal Law

New York’s approach reflects a strong adherence to the jury's role in damage awards, similar to the federal standard under Rule 59, which allows for remittitur or new trials if damages appear excessive. However, New York emphasizes even stricter standards for altering jury findings than some federal jurisdictions.

Bar Exam Note

Understanding the principles from Dimick v. Schiedt is crucial for the New York bar exam, particularly in essay questions concerning civil procedure and jury discretion in damage awards.

Practice Pointers
  • Always cite the jury's findings in damage cases to emphasize their role in civil proceedings.
  • Be prepared to explain the extraordinary circumstances that may justify a court's modification of damages.
  • Familiarize yourself with state statutes that may outline specific limitations on damage awards.

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