punitive damage claim in New York

2020First, “defendant’s conduct must be actionable as an independent tort” (New York Univ., 87 NY2d at 316 ).

2003“Where there has been an extended delay in moving to amend, the party seeking leave to amend must establish a reasonable excuse for the delay” (Jablonski v County of Erie, 286 AD2d 927, 928 ; see Reape v City of New York, 272 AD2d 533 ; Schwab v Russell, 231 AD2d 820 ).

2003“Where there has been an extended delay in moving to amend, the party seeking leave to amend must establish a reasonable excuse for the delay” (Jablonski v County of Erie, 286 AD2d 927, 928 ; see Reape v City of New York, 272 AD2d 533 ; Schwab v Russell, 231 AD2d 820 ).

2002Socy., 83 NY2d 603, 613 ).

1999Punitive damages may be recovered in cases where a defendant’s conduct “is morally culpable, or is actuated by evil and reprehensible motives, not only to punish the defendant but to deter [it] as well as others who might otherwise be so prompted, from induling in similar conduct in the future.” (Walker v Sheldon, 10 NY2d 401, 404 .) Giving plaintiff the benefit of every favorable inference in this, its second attempt at pleading a punitive damage claim, we find that the behavior alleged does not rise to the level necessary to support such a claim.

1997To allow a punitive damage claim would be to expand maritime jurisprudence beyond Congress’ intention.” Likewise, in Preston v Frantz ( 11 F3d 357, 358 , cert dismissed 512 US 1279 ), where the plaintiffs sought recovery of exemplary damages for a passenger killed in a helicopter crash on the high seas and contended that Wahlstrom was wrongly decided because the holding in Miles , upon which that ruling was based, applies only to Jones Act seamen, the Second Circuit disagreed, stating that "even if Miles were applicable only to Jones Act seamen, it would not render our decision in Wahlstrom in

1997To allow a punitive damage claim would be to expand maritime jurisprudence beyond Congress’ intention.” Likewise, in Preston v Frantz ( 11 F3d 357, 358 , cert dismissed 512 US 1279 ), where the plaintiffs sought recovery of exemplary damages for a passenger killed in a helicopter crash on the high seas and contended that Wahlstrom was wrongly decided because the holding in Miles , upon which that ruling was based, applies only to Jones Act seamen, the Second Circuit disagreed, stating that "even if Miles were applicable only to Jones Act seamen, it would not render our decision in Wahlstrom in

1990While Wilson’s compliance with applicable statutory or regulatory standards would constitute some evidence that it exercised due care when it manufactured and designed the pump (see, Lugo v LJN Toys, supra), the evidence offered by Wilson, contained in an affidavit by Douglas Smith, Wilson’s customer technical services representative since 1980, is inadmissible.

1986(Biddles, Inc. v Enright, 239 NY 354, 365 .) In further support of the punitive damage claim, Cristallina cites the entry of a consent judgment between the New York City Consumer Affairs Department and Christie’s in connection with the issuance of the false press release for violations of Administrative Code § B32-149.0. 8 Christie’s was fined $80,000 and Burge’s and Bathurst’s auction licenses were suspended.

1982(Garrity v Lyle Stuart, Inc., 40 NY2d 354 .) This court makes no determination (except as to the punitive damage claim) other than that the matter should proceed to arbitration under the Federal Arbitration Act.

1981On November 16, 1979 the Appellate Division affirmed as to class certification and declaratory and injunctive relief, but reversed as to the punitive damage claim, ruling that under the circumstances the defendant legislators were absolutely immune from liability for damage claims under section 1983 (Felder v Foster, 71 AD2d 71 ).

1977In that case, the Appellate Term, First Department, reversed the order below which had upheld the extension of a punitive damage claim "where an insurer willfully, and without any reasonable justification, fails to honor its contractual obligations.” ( 75 Misc 2d 443, 445 ).