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DRAPER v. NEWBOLD

54 A.D.2d 677 (1976)

Susan M. Draper, Respondent, v. H. L. Newbold, Also Known as Hank Newbold, Also Known as Herbert Newbold, Appellant

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

October 28, 1976

Unanimously modified, on the law, to the extent of dismissing the cause of action for punitive damages, and otherwise affirmed, without costs and without disbursements.

In affirming the jury's award of compensatory damages to plaintiff-respondent for the assault committed upon her by defendant-appellant, Appellate Term found the award for punitive damages to be "against the predominating weight of the credible evidence" when...

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