West v Hogan
2012 NY Slip Op 07148 [19 NY3d 1073]
October 25, 2012
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012


[*1]
Ricky D. West et al., Respondents,
v
Mark Hogan et al., Appellants and Third-Party Plaintiffs-Appellants. David VandeWater, Third-Party Defendant-Respondent.

Decided October 25, 2012

West v Hogan, 88 AD3d 1247, affirmed.

APPEARANCES OF COUNSEL

Colucci & Gallaher, P.C., Buffalo (Paul G. Joyce of counsel), for appellants.

Conboy, McKay, Bachman & Kendall, LLP, Watertown (Peter L. Walton of counsel), for respondents.

{**19 NY3d at 1073} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The courts below did not err as a matter of law in awarding punitive damages (see Ross v Louise Wise Servs., Inc., 8 NY3d 478, 489 [2007]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.