Frenya v. Champlain Valley Physicians' Hospital Medical Center

Appeal from an order of the Supreme Court (Viscardi, J.), entered January 20, 1987 in Clinton County, which, inter alia, granted defendant’s cross motion to strike plaintiff’s claim for punitive damages from the complaint.

In this medical malpractice action, plaintiff contends that Supreme Court erred in striking her claim for punitive damages. We agree with Supreme Court that punitive damages are not appropriate in this case. Punitive damages may not be claimed in the absence of a wrongful motive on the defendant’s part, willful or intentional misdoing, or a reckless indifference equivalent…