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DUPREE v. GIUGLIANO

No. 204.

20 N.Y.3d 921 (2012)

982 N.E.2d 74

958 N.Y.S.2d 312

2012 NY Slip Op 8171

KRISTIN KAHKONEN DUPREE, Respondent-Appellant, v. JAMES E. GIUGLIANO, Appellant-Respondent.

Court of Appeals of New York.

Decided November 29, 2012.

Attorney(s) appearing for the Case

Shayne, Dachs, Corker, Sauer & Dachs, LLP, Mineola ( Norman H. Dachs of counsel), for appellant-respondent.

Kenneth S. Cooperstein , Centerport, for respondent-appellant.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by vacating the award for punitive damages and, as so modified, affirmed, and the certified question not answered upon the ground it is unnecessary.

In January 2000, plaintiff Kristin Kahkonen Dupree sought and obtained treatment for depression and stress from defendant James E. Giugliano, a licensed family physician with a concentration in osteopathic...

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