Pesante v. County of Seneca

*916Appeal and cross appeal from an order of Supreme Court, Seneca County (Falvey, J.), entered July 25, 2002, which, inter alia, denied plaintiffs cross motion for partial summary judgment on liability.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of the motion of defendant Julie Marra, individually and in her representative capacity of the County of Seneca, seeking dismissal of the claim for punitive damages and dismissing that claim against her and as modified the order is affirmed without costs.

Memorandum:…