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SHUREK v. WALDBAUM INC.

138 A.D.2d 365 (1988)

Sam Shurek, Appellant, v. Waldbaum Incorporated et al., Respondents

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

March 7, 1988

Ordered that the judgment is affirmed, with costs.

Although the trial court initially indicated during its precharge conference with counsel (CPLR 4110-b) that it intended to instruct the jury on the issue of punitive damages and subsequently reversed its position, concluding that such an instruction was not warranted in this case, we conclude, contrary to the plaintiff's contentions, that he was not prejudiced as a result...

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