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CADLE COMPANY v. ORGANES ENTERPRISES, INC.

29 A.D.3d 927 (2006)

815 N.Y.S.2d 732

CADLE COMPANY, Respondent, v. ORGANES ENTERPRISES, INC., et al., Appellants, et al., Defendants.

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

May 30, 2006.

Ordered that the order entered July 28, 2004 is modified, on the law, by deleting the provision thereof setting down for trial the plaintiff's demand for punitive damages, and substituting therefor a provision striking the plaintiff's demand for punitive damages; as so modified, the order is affirmed insofar as appealed from, and the plaintiff's demand for punitive damages is stricken; and it is further,

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