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GIANNOTTI v. BENZ

56 A.D.3d 610 (2008)

867 N.Y.S.2d 350

HUGO GIANNOTTI, Appellant, v. MERCEDES BENZ U.S.A., LLC, et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 18, 2008.

Ordered that the order is affirmed, with costs.

The respondents established, as a matter of law, that their conduct did not warrant the imposition of punitive damages (see Home Ins. Co. v American Home Prods. Corp., 75 N.Y.2d 196, 203-204 [1990]; Roginsky v Richardson-Merrell, Inc., 378 F.2d 832, 843 [1967]; West v Goodyear Tire & Rubber Co., 973 F.Supp...

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