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TOCA v. PATHMARK SUPERMARKETS, INC.

80 A.D.2d 518 (1981)

Rita R. Toca, Respondent, v. Pathmark Supermarkets, Inc., et al., Appellants, et al., Defendants

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

February 10, 1981

On the basis of the present record, we find no support for an award of punitive damages against the corporate defendant and believe that the substantial compensatory damage assessed against it are sufficient to compensate plaintiff for any wrong done by the corporation.

Fein, J. P., and Lupiano, J., dissent in a memorandum by Fein, J. P., as follows:

In my view the evidence was sufficient to entitle plaintiff to...

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