JOHNSON v. SPENCE


305 A.D.2d 464 (2003)

759 N.Y.S.2d 337

IVY M. JOHNSON, Respondent, v. DERMAN L. SPENCE, Also Known as DERMAN L. SPENCER, Appellant.

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

Decided May 12, 2003.


Ordered that the judgment is modified, on the law, by deleting the provision thereof awarding the plaintiff punitive damages in the sum of $100,000; as so modified, the judgment is affirmed, with costs to the plaintiff.

On the parties' prior appeal, we determined, inter alia, that the plaintiff's complaint stated a cognizable cause of action for breach of an oral agreement to share lottery winnings (Johnson v Spence, 286 A.D.2d 481

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