James v. Powell

New York Court of Appeals · Decided 1967-03-02

Cited by 225 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

Scileppi, J. (dissenting). I dissent from that part of the majority opinion as deals with the question of punitive damages and holds that they may not be assessed in this case. It is my view that this question should also be remitted to the Supreme Court to make the necessary factual determination prerequisite to awarding punitive damages. To do so on this record, unnecessarily and prematurely precludes plaintiff from developing…

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