Dupree v. Giugliano, 982 N.E.2d 74 (NY 2012). · Go Syfert
Dupree v. Giugliano, 982 N.E.2d 74 (NY 2012). Cases Citing This Book View Copy Cite
34 citation events (34 in the last 25 years) across 8 distinct courts.
Strongest positive: Findley v. Cardiff Bay Ctr., LLC (nysupctkings, 2025-06-26)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) Findley v. Cardiff Bay Ctr., LLC
N.Y. Sup. Kings · 2025 · confidence medium
If the deprivation is found to be ''willful orin reckless gisregard ofthe lawful rights of the patient; punitive damages.may be assessed'' (Id.). tJrtder common law, the standard for imposing punitive damages in a medical malpractice action is whether defendant manifested evil or malicious con<!uct beyorid any breach of professional duty~ Such deviation ha~ also been ddirted as spite, malice, a fraudulent or evil motive , or a conscious and deliberate disregard of others constituting willful or wanton conduct (Ditpree v Giugliano, 20 NY3d 921, 924 [2012]).
discussed Cited as authority (rule) Fleischer v. Zhang
N.Y. App. Div. · 2024 · confidence medium
There must be "'aggravation or outrage, such as spite or "malice," or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that the conduct may be called willful or wanton'[*3]" ( Dupree v Giugliano , 20 NY3d 921, 924 [2012] [citations omitted]).
discussed Cited as authority (rule) Carroll v. Trump
S.D.N.Y. · 2024 · confidence medium
And since then, the New York Court of Appeals (and the Second Circuit) repeatedly have applied the Prozeralik common law malice test for punitive damages without ever adding a “sole motivation” requirement.11 Despite this clear and consistent history, the defendant relies on a 2003 decision by 8 E.g., Stukuls v. State of New York, 42 N.Y.2d 272, 281 (1977) (citing RESTATEMENT (SECOND) OF TORTS §§ 603, 605 (1979)); see also Foster v. Churchill, 87 N.Y.2d 744, 752 (1996); Liberman, 80 N.Y.2d at 439 . 9 82 N.Y.2d 466, 479-80 (1993). 10 Id. (internal citations and quotation marks omitted). 1…
discussed Cited as authority (rule) Carroll v. Trump
S.D.N.Y. · 2024 · confidence medium
And since then, the New York Court of Appeals (and the Second Circuit) repeatedly have applied the Prozeralik common law malice test for punitive damages without ever adding a “sole motivation” requirement.11 Despite this clear and consistent history, the defendant relies on a 2003 decision by 8 E.g., Stukuls v. State of New York, 42 N.Y.2d 272, 281 (1977) (citing RESTATEMENT (SECOND) OF TORTS §§ 603, 605 (1979)); see also Foster v. Churchill, 87 N.Y.2d 744, 752 (1996); Liberman, 80 N.Y.2d at 439 . 9 82 N.Y.2d 466, 479-80 (1993). 10 Id. (internal citations and quotation marks omitted). 1…
discussed Cited as authority (rule) Village Green E. Holdings LLC v. Blaakman
N.Y. App. Div. · 2023 · confidence medium
Finally, we reject plaintiff's contention that the court erred in declining to award punitive damages; Blaakman did not "manifest evil or malicious conduct beyond any breach of [fiduciary] duty" ( Dupree v Giugliano , 20 NY3d 921, 924 [2012], rearg denied 20 NY3d 1045 [2013]).
discussed Cited as authority (rule) EMFT, LLC v. New York City Dept. of Transp.
N.Y. App. Div. · 2022 · confidence medium
Finally, while plaintiff 373-375 Broadway cross-appeals for a reinstatement of its punitive damages demand, its allegations do not rise to "spite or malice, or fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that the conduct may be called willful or wanton" ( Marinaccio v Town of Clarence , 20 NY3d 506, 511 [2013], quoting Dupree v Giugliano , 20 NY3d 921, 924 [2012]), as required.
discussed Cited as authority (rule) Nadler v. Samadi
N.Y. App. Div. · 2020 · confidence medium
At this early stage, the allegations that defendants colluded in a scheme whereby they would systematically and knowingly misrepresent to urology patients that Dr. Samadi would or did operate on them are sufficient to plead the sort of wanton dishonesty and fraudulent motive required to support a request for punitive damages in a medical malpractice action ( see Dupree v Giugliano , 20 NY3d 921, 924 [2012]).
discussed Cited as authority (rule) Nadler v. Samadi
N.Y. App. Div. · 2020 · confidence medium
At this early stage, the allegations that defendants colluded in a scheme whereby they would systematically and knowingly misrepresent to urology patients that Dr. Samadi would or did operate on them are sufficient to plead the sort of wanton dishonesty and fraudulent motive required to support a request for punitive damages in a medical malpractice action ( see Dupree v Giugliano , 20 NY3d 921, 924 [2012]).
discussed Cited as authority (rule) Cleveland v. Gregory C. Perry, M.D., FDR Med. Servs., P.C.
N.Y. App. Div. · 2019 · confidence medium
"The standard for an award of punitive damages is that a defendant manifest evil or malicious conduct beyond any breach of professional duty" ( Dupree v Giugliano , 20 NY3d 921, 924 [2012], rearg denied 20 NY3d 1045 [2013]).
discussed Cited as authority (rule) Burkhart v. People, Inc.
N.Y. App. Div. · 2019 · confidence medium
In this case, the alleged misconduct on the part of defendants that plaintiff contends warrant punitive damages is either unrelated to the injuries sustained by decedent ( see DeLeo v County of Monroe , 130 AD3d 1549, 1551 [4th Dept 2015]; Hale v Saltamacchia , 28 AD3d 715, 715 [2d Dept 2006]; O'Connor v Kuzmicki , 14 AD3d 498, 499 [2d Dept 2005]), or does not manifest the requisite spite, malice, improper motive, or conscious and deliberate disregard for the interests of others to justify an award of [*2]punitive damages ( see Marinaccio , 20 NY3d at 511 ; Dupree v Giugliano , 20 NY3d 921, 92…
discussed Cited as authority (rule) Borst v. Lower Manhattan Dev. Corp.
N.Y. App. Div. · 2018 · confidence medium
Conduct justifying punitive damages "must manifest spite or malice, or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that the conduct may be called wilful or wanton'" ( Marinaccio v Town of Clarence , 20 NY3d 506, 511 [2013], quoting Dupree v Giugliano , 20 NY3d 921, 924 (2012); see also Bishop v 59 W. 12th St.
discussed Cited as authority (rule) Bennett v. State Farm Fire & Casualty Co.
N.Y. App. Div. · 2016 · confidence medium
Partnership, 127 AD3d 819, 821 [2015], quoting Cowsert v Macy’s E., Inc., 74 AD3d 1444, 1445 [2010]; see Marinaccio v Town of Clarence, 20 NY3d 506, 511 [2013]; Dupree v Giugliano, *731 20 NY3d 921, 924 [2012]; Rocanova v Equitable Life Assur.
discussed Cited as authority (rule) Bennett v. State Farm Fire & Casualty Co.
N.Y. App. Div. · 2016 · confidence medium
Finally, with respect to the claim for punitive damages against H2M, the complaint fails to plead conduct on the part of H2M that would potentially justify an award of punitive damages (see Dupree v Giugliano, 20 NY3d 921, 924 [2012]; Marinaccio v Town of Clarence, 20 NY3d 506, 511 [2013]; Rocanova v Equitable Life Assur.
discussed Cited as authority (rule) Jones v. LeFrance Leasing Ltd. Partnership
N.Y. App. Div. · 2015 · confidence medium
Here, the plaintiffs sought to add a cause of action alleging gross negligence and a demand for punitive damages, which requires a showing of “reckless disregard for the rights of others, bordering on intentional wrongdoing” (Cowsert v Macy’s E., Inc., 74 AD3d 1444, 1445 [2010] [internal quotation marks omitted]; see Marinaccio v Town of Clarence, 20 NY3d 506, 511 [2013]; Dupree v Giugliano, 20 NY3d 921, 924 [2012]; Prozeralik v Capital Cities Communications, 82 NY2d 466, 479 [1993]; Hartford Acc. & Indem.
discussed Cited as authority (rule) Georgitsi Realty, LLC v. Penn-Star Insurance
NY · 2013 · confidence medium
Conduct is “malicious” for these purposes when it reflects “such a conscious and deliberate disregard of the interests of others that [it] may be called wilful or wanton” (Marinaccio v Town of Clarence, 20 NY3d 506, 511 [2013], quoting Dupree v Giugliano, 20 NY3d 921, 924 [2012]; see also Prozeralik v Capital Cities Communications, 82 NY2d 466, 479 [1993]; Carvel Corp. v Noonan, 350 F3d 6, 24 [2d Cir 2003]; Prosser & Keeton, Torts § 2 at 9 [5th ed 1984]).
discussed Cited as authority (rule) Quinn ex rel. estate of E.Q. v. United States
N.D.N.Y. · 2013 · confidence medium
Punitive Damages The standard for an award of punitive damages in a medical malpractice action “is that a defendant manifest evil or malicious conduct beyond any breach of professional duty.” Dupree v. Giugliano, 982 N.E.2d 74, 76, 20 N.Y.3d 921, 924 , 958 N.Y.S.2d 312 , 314 (N.Y.2012).
discussed Cited as authority (rule) Marinaccio v. Town of Clarence
NY · 2013 · confidence medium
Because the standard for imposing punitive damages is a strict one and punitive damages will be awarded only in exceptional cases, the conduct justifying such an award must manifest “spite or malice, or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that the conduct may be called wilful or wanton” (Dupree v Giugliano, 20 NY3d 921, 924 [2012] [citation and internal quotation marks omitted]).
discussed Cited "see" Gaines v. Brydges
N.Y. App. Div. · 2021 · signal: see · confidence high
"Because the standard for imposing punitive damages is a strict one and punitive damages will be awarded only in exceptional cases, the conduct justifying such an award must manifest spite or malice, or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that the conduct may be called wilful or wanton" ( Marinaccio v Town of Clarence , 20 NY3d 506, 511 [2013], rearg denied 21 NY3d 976 [2013] [internal quotation marks omitted]; see Dupree v Giugliano , 20 NY3d 921, 924 [2012], rearg denied 20 NY3d 1045 [2013]).
cited Cited "see" Reff v. Youngblood
N.Y. App. Div. · 2017 · signal: see · confidence high
Ctr., 185 AD2d 753, 754-756 [1992]; see generally Dupree v Giugliano, 20 NY3d 921, 924 [2012], rearg denied 20 NY3d 1045 [2013]).
cited Cited "see, e.g." Gould v. Decolator
N.Y. App. Div. · 2014 · signal: see also · confidence low
Socy. of U.S., 83 NY2d 603 [1994]; see also Dupree v Giugliano, 20 NY3d 921 [2012]; Putter v Feldman, 13 AD3d 57 [2004]).
Retrieving the full opinion text from the archive…
Kristin Kahkonen Dupree
v.
James E. Giugliano, Appellant-Respondent
New York Court of Appeals.
Nov 29, 2012.
982 N.E.2d 74
APPEARANCES OF COUNSEL, Shayne, Dachs, Corker, Sauer & Dachs, LLP, Mineola (Norman H. Dachs of counsel), for appellant-respondent., Kenneth S. Cooperstein, Centerport, for respondent-appellant.
Cited by 27 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, without costs, by vacating the award for punitive damages and, as so modified, affirmed, and the certified question not answered upon the ground it is unnecessary.

In January 2000, plaintiff Kristin Kahkonen Dupree sought and obtained treatment for depression and stress from defendant James E. Giugliano, a licensed family physician with a concentration in osteopathic medicine. Defendant prescribed antidepressant drugs for plaintiff, and suggested that she get[*923] more exercise or take warm baths to relieve stress. He also referred her to a therapist for counseling. In June 2001, plaintiff and defendant became involved in an adulterous relationship. Their first sexual encounter occurred at a gym where defendant was showing plaintiff exercises to alleviate stress and anxiety; these encounters continued several times a week for nine months before plaintiff and defendant mutually decided to end their affair. Plaintiff confessed the adultery to her husband, who subsequently sued for divorce. The divorce proceeding was contentious and protracted, lasting five years before a settlement was reached.

Plaintiff commenced suit for medical malpractice in February 2005. At trial, plaintiff offered testimony that she felt the affair was wrong, but was unable to control herself. Her expert testified that plaintiffs “romantic” feelings towards defendant were the result of “eroticized transference,” a medical phenomenon in which the patient experiences “near psychotic attraction” to a treating physician, which the patient is powerless to resist. Plaintiff also introduced evidence of general and special damages. Her claimed general damages consisted of mental distress—i.e., 12 years of anguish proximately caused by defendant’s malpractice. She asked for special damages of $435,600 for loss of her husband’s financial support, and $155,000 for legal fees incurred in connection with the divorce.

The trial court charged comparative fault, and the jury found malpractice with plaintiffs conduct a substantial factor, setting her fault at 25%. The jury awarded plaintiff $150,000 for past mental distress, $50,000 for future mental distress, $134,000 for past loss of income, $0 for future lost income, $0 for expenses of divorce, and $166,000 in punitive damages. Defendant appealed the malpractice finding; plaintiff cross-appealed, arguing that comparative fault should not have been charged because of the “inherent compulsion doctrine,” and that the legal fees were proved by her unrebutted testimony. The Appellate Division affirmed the judgment on the jury verdict, with one Justice dissenting (87 AD3d 975 [2d Dept 2011]). Both parties asked the Appellate Division for leave to appeal, which was granted in December 2011.

Plaintiff sought out defendant for medical treatment for depression and anxiety. Defendant prescribed antidepressant medication for plaintiff, even switching medications in response to her concerns about diminished libido; he referred her to a therapist. Further, the jury heard considerable testimony about[*924] the “transference” phenomenon, and defendant’s professional duty to manage this once he began treating plaintiffs mental health problems. The standard for medical malpractice is that “the challenged conduct constitute[ ] medical treatment or bear[ ] a substantial relationship” to the physician’s treatment of the patient (1B NY PJI3d 2:150 at 47-48 [2012] [emphasis added]; see also Scott v Uljanov, 74 NY2d 673, 675 [1989]). Here, where defendant was prescribing a course of treatment for plaintiffs mental health problems, including medication and counseling, a jury might reasonably conclude that the sexual relationship was substantially related to and, in fact, interfered with the treatment so as to constitute medical malpractice. That defendant mismanaged plaintiffs medical condition does not, however, negate comparative fault. The affair continued for nine months, during which time both plaintiff and defendant clearly sought out repeated sexual encounters. The jury might, as it obviously did, reasonably discount the expert’s testimony that plaintiff was wholly without volition in the matter.

Finally, punitive damages were improperly charged as a matter of law. The standard for an award of punitive damages is that a defendant manifest evil or malicious conduct beyond any breach of professional duty. There must be

“ ‘aggravation or outrage, such as spite or “malice,” or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that the conduct may be called wilful or wanton’ ” (see Prozeralik v Capital Cities Communications, 82 NY2d 466, 479 [1993], quoting Prosser and Keeton, Torts § 2 at 9-10 [5th ed 1984]).

The circumstances here do not measure up to this standard: there is no evidence the doctor willfully caused plaintiff’s “transference” or harm.

We consider the remaining issues raised on the appeal and cross appeal to be without merit.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur in memorandum.

Order modified, etc.