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MARY ANN PFEIFFER, appellant, v. GENERAL ELECTRIC COMPANY, respondent, ET AL., defendants.

DECISION ORDER

ORDERED that the appeals from the orders are dismissed; and it is further,

ORDERED that the judgment is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the respondents.

The appeals from the intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeals from the orders are brought up for review and have been considered on the appeal from the judgment ( see CPLR 5501[a][1]).

The plaintiff contends that the trial court erred in granting that branch of the motion of the defendant General Electric Company (hereinafter GE) which was for summary judgment dismissing the causes of action premised on vicarious liability for the conduct of its employee, the defendant Michael Blewitt. The jury found in favor of Blewitt on all the causes of action asserted against him. Since there was no primary liability upon which a claim for vicarious liability might rest ( see Karaduman v. Newsday, Inc., 51 N.Y.2d 531), the plaintiff's argument is without merit.

The trial court properly offset the jury verdict against GE and in favor of the plaintiff by the amount of her prior settlement with other defendants ( see General Obligations Law § 15-108[a]). The settlement and the jury verdict were based on same injury ( see Whalen v. Kawasaki Motors Corp. U.S.A., 92 N.Y.2d 288).

The trial court correctly removed from the jury the issue of punitive damages against GE. There is no indication that the conduct alleged by the plaintiff was part of a pattern directed at the public generally ( see Rocanova v. Equitable Life Assur. Soc. of U.S., 83 N.Y.2d 603, 613). Moreover, GE did not authorize, participate in, consent to, or ratify its employees' conduct, such as would warrant an award of punitive damages against it ( see Judith M. v. Sisters of Charity Hosp., 93 N.Y.2d 932, 934; Loughry v. Lincoln First Bank, 67 N.Y.2d 369, 378).

The plaintiff's remaining contentions are without merit.

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.

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PFEIFFER v. GENERAL ELEC. CO
(May 10, 2004)