Legal Opinion
Hempel v. American Airlines, Inc.
New York Supreme Court
Decided August 9, 1979PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Edward J. Greenfield, J.
In this action for wrongful death arising out of the crash of an American Airlines 727 in the Virgin Islands during a landing at Harry S. Truman Airport, defendant American Airlines has moved to dismiss the fourth cause of action which *564seeks recovery of punitive damages. Accordingly, the principal issue before the court is whether punitive damages are recoverable in a wrongful death action under EPTL 5-4.3, there being no dispute as to the fact that New York law is applicable to plaintiff’s claim.
Plaintiff takes the position that EPTL 5-4.3, the…
2Cases cited16 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- People v. . Beakes Dairy Co.New York Court of Appeals · 1918
- Ratka v. St. Francis HospitalNew York Court of Appeals · 1978
- Loetsch v. New York City Omnibus Corp.New York Court of Appeals · 1943
- Matter of Gianatasio v. KaplanNew York Court of Appeals · 1931
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rosenfeld v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1980