Herrera v. Braunstein

I respectfully dissent. The issue on this appeal is whether the evidence was sufficient to sustain the jury award of $100,000 for punitive damages and a reduced compensatory damages award of $100,000. I find that it was and would affirm the amended judgment.

The evidence at the jury trial established that Fausto Herrera, an “elderly gentleman” of approximately 60 years of age and the porter/doorman of a luxury rental on West End Avenue, was subjected to a vicious assault and battery by the defendant, who vituperatively cursed at, menacingly threatened and brutally pushed him from behind into…