Legal Opinion
Sanfilippo v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided February 11, 1980PublishedCited by 9 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, plaintiffs appeal from an order of the Supreme Court, Queens County, dated July 10, 1979, which, inter alia, granted defendant’s cross motion to dismiss plaintiffs’ cause of action for punitive damages. Order affirmed, with $50 costs and disbursements. The law is well settled that punitive damages are not recoverable for a mere breach of contract, for in such case only a private wrong, not a public right is involved (Garrity v Lyle Stuart, Inc., 40 NY2d 354). The second cause of action is simply predicated upon a private…
2Cases cited3 opinions
- Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976
- M. S. R. Associates Ltd. v. Consolidated Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
- Hubbell v. Trans World Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by9 opinions
- Bialek v. Racal-Milgo, Inc.District Court, S.D. New York · 1982
- Durham Industries, Inc., Plaintiff-Appellee-Cross-Appellant v. The North River Insurance Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1982
- Lubrication & Maintenance, Inc. v. Union Resources Co.District Court, S.D. New York · 1981
- J. G. S., Inc. v. Lifetime Cutlery Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Bader's Residence for Adults v. Telecom Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 1982
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