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BARNES v. HODGE

12532, 151741/12.

118 A.D.3d 633 (2014)

989 N.Y.S.2d 467

2014 NY Slip Op 4851

STEPHANIE BARNES, Respondent, v. WAYNE F. HODGE, Defendant, and UNITED PARCEL SERVICE, INC., Appellant.

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

Decided June 26, 2014.

Plaintiff pedestrian alleges that she was struck by a vehicle owned by UPS, and operated by its driver, defendant Hodge, while she was in an crosswalk. At issue is plaintiff's demand for punitive damages.

To hold UPS vicariously liable for punitive damages, plaintiff must establish that UPS "authorized, participated in, consented to or ratified the conduct giving rise to such damages" (Melfi v Mount Sinai Hosp., 64 A.D.3d 26

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