October 25, 2012
RICKY D. WEST, ROBERT H. WEST, ROXY G. BUSH, PAMELA J. JUDD, JODI M. (WHITE) LYNCH, CHARLES K. WEST, MICHAEL WEST AND JAMIE-SUE WEST, RESPONDENTS,
MARK HOGAN AND ELIZABETH HOGAN, APPELLANTS,
MARK HOGAN AND ELIZABETH HOGAN, THIRD-PARTY PLAINTIFFS- APPELLANTS,
DAVID VANDEWATER, THIRD-PARTY DEFENDANT RESPONDENT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
On review of submissions pursuant to section 500.11 of the Rules, 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 ). Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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