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Deborah S. v. Diorio

Supreme Court, Appellate Term, First Department
Feb 17, 1994
160 Misc. 2d 210 (N.Y. App. Term 1994)

Opinion

February 17, 1994

Appeal from the Civil Court of the City of New York, New York County, Norman C. Ryp, J.

Prisoners' Legal Services of New York, Albany (David C. Leven and Lee A. Davis of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton Garrison, New York City (Daniel J. Leffell, Jill M. Wheaton, Janet F. Nezhad and Kathleen M. Walker of counsel), for respondent.


Judgment entered April 28, 1992 modified only to the extent of granting plaintiff interest on the punitive damage award from the date of the trial court's decision (Feb. 18, 1992) and, as modified, affirmed with $10 costs to plaintiff-respondent.

The physical and emotional injuries suffered by plaintiff as a result of the sexual attack inflicted upon her by the defendant were shown to be substantial and lasting, and we are unable to say that the compensatory or punitive damage awards granted below are excessive or unsupported by the record. However, plaintiff is not entitled to interest on the punitive damage award for any period prior to the date of the trial court's decision (see, Delulio v 320-57 Corp., 99 A.D.2d 253) and we modify the judgment accordingly.

PARNESS, J.P., MILLER and McCOOE, JJ., concur.


Summaries of

Deborah S. v. Diorio

Supreme Court, Appellate Term, First Department
Feb 17, 1994
160 Misc. 2d 210 (N.Y. App. Term 1994)
Case details for

Deborah S. v. Diorio

Case Details

Full title:DEBORAH S., Respondent, v. CHARLES B. DIORIO, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Feb 17, 1994

Citations

160 Misc. 2d 210 (N.Y. App. Term 1994)
612 N.Y.S.2d 542

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