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WAHBA v. H & N PRESCRIPTION CENTER, INC.

No. 81 CV 3061.

539 F.Supp. 352 (1982)

Joseph WAHBA, as Administrator of the Goods, Chattels and Credits of Mark Wahba, an infant under the age of fourteen years, Joseph Wahba, individually, and Afrith Wahba, Plaintiffs, v. H & N PRESCRIPTION CENTER, INC., doing business as Zuckerman's Pharmacy, Defendant.

United States District Court, E. D. New York.

May 12, 1982.

Attorney(s) appearing for the Case

Queller, Fisher & Block by Michael Weinberger, New York City, for plaintiffs.

Whitman & Ransom by John Condon Young, New York City, for defendant.

MEMORANDUM AND ORDER

WEINSTEIN, Chief Judge:

Plaintiffs seeks compensatory and punitive damages for the death of their son contending that had defendant dispensed a drug in a "child-proof" container the child would not have died. Defendant moves to strike the claim for punitive damages. For the reasons stated below, the motion must be granted.

I. Facts

In June 1980, the defendant H & N Prescription Center, Inc., doing business...

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