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LEVINE v. ABERGEL

127 A.D.2d 822 (1987)

Harvey Levine, Respondent-Appellant, v. Joseph Abergel, Appellant-Respondent, and Jomark Textiles, Inc., Respondent

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

February 23, 1987

Ordered that the judgment is modified, on the law and the facts, by deleting the provision thereof awarding the plaintiff compensatory and punitive damages on his fourth and fifth causes of action to recover damages for assault and battery, and granting a new trial limited to the issue of damages with respect to those causes of action. As so modified, the judgment is affirmed; and it is further,

Ordered that the appeal from the order dated July 19, 1985 is dismissed...

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