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ACTION HOUSE, INC. v. KOOLIK

No. 878, Docket 93-7669.

54 F.3d 1009 (1995)

ACTION HOUSE, INC., Plaintiff-Counter-Defendant-Appellant, v. Stanley KOOLIK, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 7, 1995.

Attorney(s) appearing for the Case

Amy I. Don, Owen Wincig, New York City (Law Office of Bernard Wincig, of counsel) for plaintiff-counter-defendant-appellant.

Matthew C. Gruskin, New York City (Steven W. Heller, of counsel), for defendant-counter-claimant-appellee.

Before: NEWMAN, Chief Judge, WINTER and JACOBS, Circuit Judges.

WINTER, Circuit Judge:

Action House, Inc., appeals from Judge Cedarbaum's order granting appellee Stanley Koolik's motion to vacate a jury's award of $362,000 in punitive damages on the ground that, under New York law, an award of punitive damages cannot be sustained in the absence of an award of compensatory damages. We believe that there should be a new trial on damages.

After some sixteen years of business, Stanley Koolik and Stanley Markowitz, each owner...

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