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MARIO FALCARO, Respondent, v. PAUL KESSMAN, Appellant.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the plaintiff's testimony, considered together with his medical records, sufficiently established both causation and the permanency of the plaintiff's injuries (see, Shaw v Tague, 257 N.Y. 193, 195; Alvarez v Mendik Realty Plaza, 176 A.D.2d 557, 558). We find no reason to disturb the court's award of punitive damages. The defendant, who had a history of aggressive behavior, assaulted the plaintiff, causing serious and permanent injuries. Such intentional and criminal conduct justified an award of punitive damages (see, Laurie Marie M. v Jeffrey T.M., 159 A.D.2d 52, affd 77 N.Y.2d 981; O'Donnell v K-Mart Corp., 100 A.D.2d 488). The amount of the award was not excessive under the circumstances (see, Nardelli v Stamberg, 44 N.Y.2d 500, 503-504; compare, Laurie Marie M. v Jeffrey T.M., supra). Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.

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FALCARO v. KESSMAN
(May 8, 1995)