FIORAMONTI v. McGRATH

2009-10829.

83 A.D.3d 658 (2011)

919 N.Y.S.2d 907

ANDREW FIORAMONTI et al., Respondents, v. ELIZABETH McGRATH et al., Appellants.

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

Decided April 5, 2011.


Ordered that the amended judgment is modified, on the law, by deleting the provision thereof awarding punitive damages in the sum of $204,000; as so modified, the amended judgment is affirmed insofar as appealed from, without costs or disbursements, and that branch of the plaintiffs' motion which was pursuant to CPLR 4401 for judgment as a matter of law dismissing the plaintiffs' demand for punitive damages is granted.

The plaintiffs alleged, inter alia, that the...

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