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WEST v. HOGAN

No. 226 SSM 35.

19 N.Y.3d 1073 (2012)

RICKY D. WEST et al., Respondents, v. MARK HOGAN et al., Appellants and Third-Party Plaintiffs-Appellants. DAVID VANDE-WATER, Third-Party Defendant-Respondent.

Court of Appeals of New York.

Decided October 25, 2012.

Attorney(s) appearing for the Case

Colucci & Gallaher, P.C., Buffalo ( Paul G. Joyce of counsel), for appellants.

Conboy, McKay, Bachman & Kendall, LLP, Watertown ( Peter L. Walton of counsel), for respondents.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The courts below did not err as a matter of law in awarding punitive damages (see Ross v Louise Wise Servs., Inc., 8 N.Y.3d 478

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