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KELLY v. DEFOE CORP.

223 A.D.2d 529 (1996)

636 N.Y.S.2d 123

Barbara Kelly, Appellant, v. Defoe Corp., Also Known as Defoe Construction Corp. et al., Respondents

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

January 8, 1996

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

It is well settled that punitive damages may not be awarded to redress a private wrong, and, accordingly, that such damages are not available "in the `ordinary' fraud and deceit case" (Walker v Sheldon, 10 N.Y.2d 401, 405; see also, Garrity v Lyle Stuart, Inc., 40 N.Y.2d 354; Mom's Bagels...

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