Durham Industries, Inc., Plaintiff-Appellee-Cross-Appellant v. The North River Insurance Company, Defendant-Appellant-Cross-Appellee

VAN GRAAFEILAND, Circuit Judge:

The North River Insurance Company appeals from a $32,558.21 judgment of the United States District Court for the Southern District of New York, which followed a jury award of damages in prima facie tort to Durham Industries, Inc., and from Judge Sweet’s denial of North River’s motion for judgment n.o.v. Durham cross-appeals from Judge Sweet’s Orders which dismissed Durham’s cause of action for punitive damages and denied Durham’s motion for a new trial on the issue of punitive damages. Because there was insufficient evidence of a prima facie tort to support the…