Legal Opinion

Beir v. Manufacturers Hanover Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 11, 1985PublishedCited by 7 opinions

1Opinion of the Court

Punitive or exemplary damages are allowed only “in cases where the wrong complained of is morally culpable, or is actuated by evil and reprehensible motives, not only to punish the defendant but to deter him, as well as others who might otherwise be so prompted, from indulging in similar conduct in the future.” (Walker v Sheldon, 10 NY2d 401, 404.) In that connection, the record herein does not contain any indication that defendant bank exhibited the high degree of moral turpitude which would justify the imposition of punitive damages. (Luxonomy Cars v Citibank, 65 AD2d 549.) Moreover, in the…

2Cases cited3 opinions

  1. Walker v. SheldonNew York Court of Appeals · 1961
  2. Luxonomy Cars, Inc. v. Citibank, N. A.Appellate Division of the Supreme Court of the State of New York · 1978
  3. Titan Air Conditioning Corp. v. Chase Manhattan Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1978

3Cited by7 opinions

  1. McAdam v. Dean Witter Reynolds, Inc.Court of Appeals for the Third Circuit · 1990
  2. Solutia Inc. v. FMC Corp.District Court, S.D. New York · 2006
  3. Wallach Marine Corp. v. Donzi Marine Corp.District Court, S.D. New York · 1987
  4. Ponnambalam v. SivaprakasapillaiAppellate Division of the Supreme Court of the State of New York · 2006
  5. Amsouth Bank, N.A. v. SpigenerSupreme Court of Alabama · 1986

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