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Falcaro v. Kessman

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 432 (N.Y. App. Div. 1995)

Opinion

May 8, 1995

Appeal from the Supreme Court, Putnam County (Dickinson, J.H.O.).


Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the plaintiff's testimony, considered together with his medical records, sufficiently established both causation and the permanency of the plaintiff's injuries (see, Shaw v Tague, 257 N.Y. 193, 195; Alvarez v Mendik Realty Plaza, 176 A.D.2d 557, 558). We find no reason to disturb the court's award of punitive damages. The defendant, who had a history of aggressive behavior, assaulted the plaintiff, causing serious and permanent injuries. Such intentional and criminal conduct justified an award of punitive damages (see, Laurie Marie M. v Jeffrey T.M., 159 A.D.2d 52, affd 77 N.Y.2d 981; O'Donnell v K-Mart Corp., 100 A.D.2d 488). The amount of the award was not excessive under the circumstances (see, Nardelli v Stamberg, 44 N.Y.2d 500, 503-504; compare, Laurie Marie M. v Jeffrey T.M., supra). Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.


Summaries of

Falcaro v. Kessman

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 432 (N.Y. App. Div. 1995)
Case details for

Falcaro v. Kessman

Case Details

Full title:MARIO FALCARO, Respondent, v. PAUL KESSMAN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 8, 1995

Citations

215 A.D.2d 432 (N.Y. App. Div. 1995)
627 N.Y.S.2d 562

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