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SHARAPATA v. TOWN OF ISLIP

82 A.D.2d 350 (1981)

Richard Sharapata, an Infant, by His Mother and Natural Guardian, Arlene Sharapata, et al., Respondents, v. Town of Islip, Appellant

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

July 20, 1981

Attorney(s) appearing for the Case

Maloney, Murphy & McLoone (John J. McLoone, Jr., of counsel), for appellant.

Corso & Engelberg (Richard A. Engelberg and Frank Mitchell Corso of counsel), for respondents.

MANGANO, GIBBONS and WEINSTEIN, JJ., concur.

TITONE, J. P.

The primary question on appeal is whether the State of New York and its political subdivisions such as the defendant town, may ever be subject to punitive damages. Subsumed in such question (assuming the answer to it is in the affirmative), is whether the new matter alleged in plaintiffs' proposed amended complaint sets forth facts upon which punitive damages may be awarded against the defendant...

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