Pascazi v. Pelton
Appellate Division of the Supreme Court of the State of New York
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
- Spinosa v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1991
- Twitchell v. MacKayAppellate Division of the Supreme Court of the State of New York · 1980
- Gravitt v. NewmanAppellate Division of the Supreme Court of the State of New York · 1985
- Graham v. Columbia-Presbyterian Medical CenterAppellate Division of the Supreme Court of the State of New York · 1992
- Jones v. Hospital for Joint Diseases & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by7 opinions
- Maldonado v. CotterAppellate Division of the Supreme Court of the State of New York · 1998
- Cygan v. Kaleida HealthAppellate Division of the Supreme Court of the State of New York · 2008
- Charell v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1998
- Gauger v. GhaffariAppellate Division of the Supreme Court of the State of New York · 2004
- Sparks v. FelsAppellate Division of the Supreme Court of the State of New York · 2016
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