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SUNWEST BANK OF ALBUQUERQUE v. DASKALOS

No. 15834.

904 P.2d 1062 (1995)

120 N.M. 637

SUNWEST BANK OF ALBUQUERQUE, N.A., a national association, Plaintiff/Counter-defendant-Appellant, v. Chris DASKALOS, Gus Daskalos, and Mary Daskalos, Defendants/Counterclaimants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted September 28, 1995.

Attorney(s) appearing for the Case

J. Douglas Foster, Jennifer A. Noya, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for Appellant.

Martin E. Threet, Threet & King, Albuquerque, for Appellees.

OPINION

BUSTAMANTE, Judge.

Sunwest Bank of Albuquerque (Sunwest) appeals from an award of punitive damages in favor of Gus and Mary Daskalos (the Daskalos), and their son, Chris Daskalos. In a non-jury trial, the trial court awarded punitive damages on the basis that Sunwest's policy of requiring victims of forgery to agree to assist in the criminal prosecution of the forger before it would reimburse the customer constituted extortion under NMSA 1978...

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