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SABOL & RICE v. POUGHKEEPSIE

147 Misc.2d 641 (1990)

Sabol & Rice, Inc., Individually and on Behalf of Itself and All Others Similarly Situated, Plaintiffs, v. Poughkeepsie Galleria Company et al., Defendants. (Action No. 1.) Orange Steel Erectors, Inc., Plaintiff, v. Owen Steel Company of N.C., Inc., et al., Defendants. (Action No. 2.) Sabol & Rice, Inc., Third-Party Plaintiff, v. Holbrook Company, Inc., Third-Party Defendant.

Supreme Court, Dutchess County.

June 13, 1990

Attorney(s) appearing for the Case

Gellert & Cutler, P. C., for Sabol & Rice, Inc., plaintiff and third-party plaintiff. Bryant, O'Dell & Basso (Vic L. Kopnitsky of counsel), for Poughkeepsie Galleria Company and another, defendants. Altieri, Kushner, Miuccio & Frind, P. C. (Barry Mendolsohn of counsel), for Carrier Corporation. John E. Wren for Primrose Contracting Corp., defendant. Van deWater & Van deWater (Gerard J. Comatos of counsel), for Gritton & Associates, Inc. Kleinman & Saltzman (Lawrence D. Kleinman of counsel), for Pine Bush Equipment Co., Inc., defendant. Lewis & Greer, P. C. (Michael J. Englert of counsel), for RSL Enterprises, Inc., defendant. Gilday & Morrow (Charles P. Morrow of counsel), for PPG Industries, Inc., defendant. Feinman, Greher & Kave, P. C. (Warren Greher of counsel), for Acands, Inc., defendant. Hancock & Estabrook (Edward J. Pfohl of counsel), for Parker Construction, Inc., defendant. Chernin & Gold (John Rittinger of counsel), for H.G. Page & Sons, Inc., defendant.

JAMES D. BENSON, J.

This motion by plaintiffs in action No. 1 for an order pursuant to CPLR 3025 amending the complaint in action No. 1 to allege a demand for punitive damages against the defendants in action No. 1 is granted.

The question here is whether the plaintiff in an action under Lien Law article 3-A may recover exemplary or punitive damages from a trustee who has diverted trust funds in violation...

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