Harkness v. Smith

OPINION OF THE COURT

David O. Boehm, J.

The question of whether an infant is subject to punitive damages has apparently never been considered in New York. At least there does not appear to be any recorded decision on the point and it would therefore seem that this ° is a case of first impression.

The issue here is presented by a motion to set aside verdicts against the defendant for punitive damages. The defendant is presently 18 years of age, but at the time of the tortious conduct which brought on these actions he was only 14.

In 1980, a series of burglaries in homes in Pittsford, a suburban…