Randi A.J. v. Long Island Surgi-Center

Krausman, J. (concurring in part and dissenting in part).

While I am impressed by the passionate views expressed in the majority’s well-written opinion, the single issue that we must determine is whether the facts presented to the jury, when viewed in the light most favorable to the plaintiff, are sufficient to sustain the legal imperative required for the imposition of punitive damages. I conclude, contrary to the view expressed by the majority, that such damages are not legally justified. Accordingly, I would modify the judgment appealed from to eliminate the punitive damages award, rather…