Guardian Mortgage Acceptance Corp. v. Bankers Trust Co. of California

Order, Supreme Court, New York County (Herman Cahn, J.), entered August 31, 1998, which, to the extent appealed from as limited by the briefs, denied the motion of defendant Bankers Trust for summary judgment, except as to punitive damages for breach of contract, and denied plaintiff’s motion for partial summary judgment on the issue of liability, unanimously modified, on the law, the motion of defendant Bankers Trust granted to the extent of striking plaintiffs demand for punitive damages in its entirety, and otherwise affirmed, without costs.

Given the conflicting evidence in the record, the…