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WEST v. HOGAN

CA 10-01586.

88 A.D.3d 1247 (2011)

930 N.Y.S.2d 708

2011 NY Slip Op 7086

RICKY D. WEST et al., Respondents, v. MARK HOGAN et al., Appellants/Third-Party Plaintiffs-Appellants. DAVID VANDEWTER, Third-Party Defendant-Respondent.

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

Decided October 7, 2011.

It is hereby ordered that the order and judgment so appealed from is modified on the law by vacating the award of punitive damages and as modified the order and judgment is affirmed without costs, and a new trial is granted on punitive damages only unless plaintiffs, within 30 days of service of a copy of the order of this Court with notice of entry, stipulate to reduce the award of punitive damages to $15,000, in which event the...

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