Miller v. State

Full title: MADELYN MILLER, Appellant, v. STATE OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1985

110 A.D.2d 627 (N.Y. App. Div. 1985)

Opinion

April 1, 1985

Appeal from the Court of Claims (McCabe, J.).

Upon remittal, judgment modified, on the facts, by increasing the award to claimant to the principal sum of $400,000. As so modified, judgment affirmed, insofar as appealed from, with costs to claimant.

On our review of the record, we conclude that the award of damages made by the Court of Claims was inadequate. Considering the horror of the rape itself and the consequences that followed, an award of $400,000 is in order. Lazer, J.P., Thompson, Bracken and O'Connor, JJ., concur.