Opinion
January 20, 1987
Appeal from the Supreme Court, Rockland County (Weiner, J.).
Ordered that the judgment dated September 4, 1984 is modified by dismissing the plaintiff's claim to recover punitive damages against Bridon and thereupon reducing the sum awarded to the plaintiff against Bridon to the sum of $5,000 with interest from November 1, 1982, representing the jury's award for compensatory damages. As so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Rockland County, for the entry of an appropriate amended judgment.
Upon remittitur from the Court of Appeals (see, Papell v Calogero, supra), and further review of the record, it cannot be said that the verdict of liability and award of compensatory damages was against the weight of the credible evidence (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493). Accordingly, the jury's findings of fact on those issues are affirmed. Rubin, J.P., Lawrence, Eiber and Kunzeman, JJ., concur.