Legal Opinion
Kallman v. Wolf Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1966PublishedCited by 7 opinions
1Opinion of the Court
Order vacating the judgment herein entered July 9, 1964 unanimously affirmed, with $50 costs and disbursements to respondents. Tfie assessment *507of punitive damages is an incident of damages which requires proof of a cause of action; punitive damage does not constitute a separate cause of action. (Gill v. Montgomery Ward é Co., 284 App. Div. 36, 41.) The vacatur of the California judgment removed the basis for the judgment herein because the complaint is grounded solely on the California judgment.
Concur — McNally, J. P., Stevens, Eager, Steuer and Witmer, JJ.
2Cases cited1 opinion
- Gill v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1954
3Cited by7 opinions
- APS Food System, Inc. v. Ward Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Shandell v. KatzAppellate Division of the Supreme Court of the State of New York · 1983
- Liffman v. BookeAppellate Division of the Supreme Court of the State of New York · 1977
- Hempstead General Hospital v. Allstate InsuranceNew York Supreme Court · 1983
- Acosta v. VatajAppellate Division of the Supreme Court of the State of New York · 1991
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