History
  • No items yet
midpage
Falcaro v. Kessman
215 A.D.2d 432
| N.Y. App. Div. | 1995
|
Check Treatment

In an action to recover damages for assault, the defendant appeals from a judgment of the Supreme Court, Putnam County (Dickinson, J.H.O.), entered September 21, 1993, which, after a nonjury trial, awarded the plaintiff compensatory damages in the sum of $75,000 and punitive damages in the sum of $50,000.

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 NY 193, 195; Alvarez v Mendik Realty Plaza, 176 AD2d 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 AD2d 52, affd 77 NY2d 981; O’Donnell v K-Mart Corp., 100 *433AD2d 488). The amount of the award was not excessive under the circumstances (see, Nardelli v Stamberg, 44 NY2d 500, 503-504; compare, Laurie Marie M. v Jeffrey T. M., supra). Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.

Case Details

Case Name: Falcaro v. Kessman
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 8, 1995
Citation: 215 A.D.2d 432
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.