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SPATHIS v. KING KULLEN GROCERY CO., INC.

75 A.D.2d 598 (1980)

Peter Spathis, Respondent, v. King Kullen Grocery Co., Inc., Appellant

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

April 14, 1980

Judgment reversed insofar as appealed from, on the law, without costs or disbursements, the award of punitive damages is deleted therefrom, and the action is remitted to Trial Term for the entry of an appropriate amended judgment.

There is no evidence in the record to justify an assessment of punitive damages against defendant. (Cf. Craven v Bloomingdale, 171 N.Y. 439; Rose v Imperial Engine Co., 127 App Div 885, affd...

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