Legal Opinion

Sabol & Rice, Inc. v. Poughkeepsie Galleria Co.

New York Supreme Court

Decided June 13, 1990PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

James D. Benson, J.

This motion by plaintiffs in action No. 1 for an order pursuant to CPLR 3025 amending the complaint in action No. 1 to allege a demand for punitive damages against the defendants in action No. 1 is granted.

The question here is whether the plaintiff in an action under Lien Law article 3-A may recover exemplary or punitive damages from a trustee who has diverted trust funds in violation of Lien Law § 79-a.

This court answers the question in the affirmative upon the opinion which follows.

In this statutory class action under Lien Law article 3-A, the class…

2Cases cited12 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. Walker v. SheldonNew York Court of Appeals · 1961
  3. Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976
  4. Zeman v. Lufthansa German AirlinesAlaska Supreme Court · 1985
  5. Pajak v. PajakNew York Court of Appeals · 1982

7 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Koeniges v. WoodwardCivil Court of the City of New York · 2000

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