SCHNEER v. BELLANTONI


250 A.D.2d 666 (1998)

672 N.Y.S.2d 756

Erroll Schneer et al., Respondents, v. Anthony Bellantoni, Appellant

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

May 11, 1998


Ordered that the judgment is modified, on the law, by deleting the second decretal paragraph thereof, which directed the defendant to pay to the plaintiffs punitive damages in the principal sum of $7,500; as so modified, the judgment is affirmed, with costs to the defendant.

We agree with the defendant that the plaintiffs are not entitled to recover punitive damages. Although the jury found that the defendant was liable for breach of contract, "[i]t has always been...

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