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Frey v. Sipos

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1996
229 A.D.2d 419 (N.Y. App. Div. 1996)

Opinion

July 8, 1996

Appeal from the Supreme Court, Queens County (Dunkin, J., O'Donoghue, J.).


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is modified, on the law and as a matter of discretion by (1) deleting therefrom the provision awarding the plaintiffs the principal sum of $50,000 for compensatory damages and substituting therefor a provision awarding the plaintiffs the principal sum of $5,000 for compensatory damages, and (2) deleting the award for punitive damages; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for the entry of an amended judgment awarding the plaintiffs the principal sum of $5,000 for compensatory damages; and it is further,

Ordered that the appellants are awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

The award of compensatory damages deviates materially from what would be reasonable compensation to the extent indicated. Further, the record does not support an award of punitive damages ( cf., Walker v. Sheldon, 10 N.Y.2d 401, 404).

We have reviewed the appellants' remaining contentions and find them to be without merit. Sullivan, J.P., Joy, Krausman and McGinity, JJ., concur.


Summaries of

Frey v. Sipos

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1996
229 A.D.2d 419 (N.Y. App. Div. 1996)
Case details for

Frey v. Sipos

Case Details

Full title:RAYMOND FREY, as Administrator of the Estate of MARIE FREY, Deceased, et…

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

Date published: Jul 8, 1996

Citations

229 A.D.2d 419 (N.Y. App. Div. 1996)
644 N.Y.S.2d 995