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VINLIS CONSTR. CO., INC. v. RORECK

27 N.Y.2d 687 (1970)

Vinlis Construction Co., Inc. et al., Respondents-Appellants, v. John J. Roreck, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1970.

Attorney(s) appearing for the Case

Frank S. Polestino and Robert J. Glasser for appellant-respondent.

Benjamin Cooper and Joel L. Cohen for respondents-appellants.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON concur; Dissent: Judge BREITEL.

MEMORANDUM.

Since the allegations of the complaint do not assert a fraud "aimed at the public generally" (Walker v. Sheldon, 10 N.Y.2d 401, 405; see also, James v. Powell, 19 N.Y.2d 249, 260), plaintiffs are not entitled to exemplary damages. The record contains all of the proof required to make a final disposition of this case. Based on...

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