Felton v. Tourtoulis

The plaintiff alleged that the defendant Melissa A. Tourtoulis (hereinafter the defendant driver) was driving while intoxicated *984and failed to stop at a stop sign, causing a two-car motor vehicle collision in which the plaintiff was injured. In her complaint, the plaintiff, inter alia, demanded an award of punitive damages from the defendant driver.

The Supreme Court improperly granted that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (7) to dismiss the plaintiffs demand for punitive damages insofar as asserted against the defendant driver. “Punitive damages are…