concurs in part and dissents in part in a memorandum as follows: While I concur in vacating the judgment for punitive damages, I would otherwise affirm.
This matter has been before us previously (see, Camillo v Olympia & York Props. Co., 157 AD2d 34) and considering the insubstantial nature of the points raised, it would be supererogatory to require another trial on liability when we justifiably allowed the award for compensatory damages to remain.