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HANDY v. COHEN

8 Misc.3d 5 (2005)

EVANGELINE HANDY, as Assignee of MARION E. HANDY, Respondent, v. ILAN COHEN, Defendant, and MIRIAM DEVELOPMENT et al., Appellants.

Supreme Court, Appellate Term, Second Department.

April 13, 2005.

Attorney(s) appearing for the Case

Smith, Buss & Jacobs, LLP, Yonkers (Jeffrey D. Buss and Matthew Smith of counsel), for appellants.

Martino & Weiss, Mount Vernon (Douglas J. Martino of counsel), for respondent.

RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ., concur.

OPINION OF THE COURT

Memorandum.

Judgment unanimously modified by vacating the award of $28,800 representing damages arising from the second cause of action, by dismissing said cause of action, and by vacating so much of the jury's award as awarded punitive damages in the sum of $200,000 against each defendant and remanding the matter for a new trial as to the amount to be awarded as punitive damages; as so modified, judgment affirmed without costs, unless...

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