Glick v. Nozell

Green and Schnepp, JJ. (dissenting).

We do not agree that plaintiff is entitled to only partial summary judgment. The claim for punitive damages is not a separate cause of action and constitutes an element of the total claim for damages (Mastro Jewelry Corp. v St. Paul Fire & Mar. Ins. Co., 70 AD2d 854; Knibbs v Wagner, 14 AD2d 987). Punitive damages are allowed in addition to compensatory damages. We feel that CPLR 3212 (subd [c]) is applicable to this case since the only triable issues relate to “the amount [and] extent of damages”. The grant of summary judgment may be a Pyrrhic victory…