Legal Opinion

Pascazi v. Pelton

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1994PublishedCited by 7 opinions

1Opinion of the Court

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that portion of defendant’s motion for partial summary judgment seeking dismissal of plaintiffs’ claim for punitive damages. "[PJunitive damages are available for the purpose of vindicating a public right only where the actions of the alleged tort-feasor constitute gross recklessness or intentional, wanton or malicious conduct aimed at the public generally or are activated by evil or reprehensible motives” (Spinosa v Weinstein, 168 AD2d 32,…

2Cases cited5 opinions

  1. Spinosa v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1991
  2. Twitchell v. MacKayAppellate Division of the Supreme Court of the State of New York · 1980
  3. Gravitt v. NewmanAppellate Division of the Supreme Court of the State of New York · 1985
  4. Graham v. Columbia-Presbyterian Medical CenterAppellate Division of the Supreme Court of the State of New York · 1992
  5. Jones v. Hospital for Joint Diseases & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by7 opinions

  1. Maldonado v. CotterAppellate Division of the Supreme Court of the State of New York · 1998
  2. Cygan v. Kaleida HealthAppellate Division of the Supreme Court of the State of New York · 2008
  3. Charell v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1998
  4. Gauger v. GhaffariAppellate Division of the Supreme Court of the State of New York · 2004
  5. Sparks v. FelsAppellate Division of the Supreme Court of the State of New York · 2016

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