punitive damages claim in New York

2014Socy. of U.S., 83 NY2d 603, 613, 616-617 [1994]; cf. Englert v Schaffer, 61 AD3d 1362, 1363 [2009]).

2014Socy. of U.S., 83 NY2d 603, 613, 616-617 [1994]; cf. Englert v Schaffer, 61 AD3d 1362, 1363 [2009]).

2025Footnote 7: 2 In so holding, the Court of Appeals disagreed with both the majority in this Court and the trial court, which had sustained the punitive damages claim ( see Ross v Louise Wise Servs. , 4 Misc 3d 279, 285-286 [Sup Ct, NY County 2004], affd 28 AD3d 272 [1st Dept 2006], mod 8 NY3d 478 [2007]).

2021The mere allegation set forth in both the original and amended complaints that defendants acted "with malice" was insufficient to state a punitive damages claim or to alert defendants to the fact that such a new and severe sanction would be sought ( see Marinaccio v Town of Clarence , 20 NY3d 506, 511 [2013]; Ross v Wise Servs., Inc. , 8 NY3d 478, 491 [2007]; NYAHSA Servs., Inc., Self Ins.

2021The trial court also providently exercised its discretion by reserving decision on whether to allow the punitive damages claim to proceed and, in the interim, allowing evidence relevant to that claim (including evidence of prior bad acts by defendant) to be introduced, as it was not clear prior to admission of such evidence whether punitive damages would be warranted ( see generally Gruber v Craig , 208 AD2d 900, 901 [2d Dept 1994]; Minjak Co. v Randolph , 140 AD2d 245, 249-250 [1st Dept 1988] [punitive damages may be appropriate where the landlord failed to rectify a hazardous condition posin

2021The trial court also providently exercised its discretion by reserving decision on whether to allow the punitive damages claim to proceed and, in the interim, allowing evidence relevant to that claim (including evidence of prior bad acts by defendant) to be introduced, as it was not clear prior to admission of such evidence whether punitive damages would be warranted ( see generally Gruber v Craig , 208 AD2d 900, 901 [2d Dept 1994]; Minjak Co. v Randolph , 140 AD2d 245, 249-250 [1st Dept 1988] [punitive damages may be appropriate where the landlord failed to rectify a hazardous condition posin

2021The mere allegation set forth in both the original and amended complaints that defendants acted "with malice" was insufficient to state a punitive damages claim or to alert defendants to the fact that such a new and severe sanction would be sought ( see Marinaccio v Town of Clarence , 20 NY3d 506, 511 [2013]; Ross v Wise Servs., Inc. , 8 NY3d 478, 491 [2007]; NYAHSA Servs., Inc., Self Ins.

2018We readily conclude that defendant's conduct does not rise to the level necessary to sustain a punitive damages claim, even under a theory of recklessness ( see Marinaccio v Town of Clarence , 20 NY3d at 512 ; Backus v Lyme Adirondack Timberlands II, LLC , 144 AD3d at 1458 ; Marone v Kally , 109 AD3d 880 , 883 [2013], lv denied 24 NY3d 911 [2014]; Gellman v Seawane Golf & Country Club, Inc. , 24 AD3d 415, 419 [2005]).

2014Socy. of U.S., 83 NY2d 603, 613, 616-617 [1994]; cf. Englert v Schaffer, 61 AD3d 1362, 1363 [2009]).

2014Socy. of U.S., 83 NY2d 603, 613, 616-617 [1994]; cf. Englert v Schaffer, 61 AD3d 1362, 1363 [2009]).

2014Plaintiff failed to state a claim for prima facie tort (see generally Posner v Lewis, 18 NY3d 566 , 570 n 1 [2012]; Mancuso v Allergy Assoc. of Rochester, 70 AD3d 1499, 1501 [2010]), and we further conclude that plaintiffs negligence causes of action should be dismissed (see Ciapa v Misso, 103 AD3d 1157, 1158 [2013]; Alabisi v Bonda, 262 AD2d 948, 948 [1999]), and that the punitive damages claim should be dismissed as against all defendants except for the estate of James English (see Rocanova v Equitable Life Assur.

2014Plaintiff failed to state a claim for prima facie tort (see generally Posner v Lewis, 18 NY3d 566 , 570 n 1 [2012]; Mancuso v Allergy Assoc. of Rochester, 70 AD3d 1499, 1501 [2010]), and we further conclude that plaintiffs negligence causes of action should be dismissed (see Ciapa v Misso, 103 AD3d 1157, 1158 [2013]; Alabisi v Bonda, 262 AD2d 948, 948 [1999]), and that the punitive damages claim should be dismissed as against all defendants except for the estate of James English (see Rocanova v Equitable Life Assur.

2014Plaintiff failed to state a claim for prima facie tort (see generally Posner v Lewis, 18 NY3d 566 , 570 n 1 [2012]; Mancuso v Allergy Assoc. of Rochester, 70 AD3d 1499, 1501 [2010]), and we further conclude that plaintiffs negligence causes of action should be dismissed (see Ciapa v Misso, 103 AD3d 1157, 1158 [2013]; Alabisi v Bonda, 262 AD2d 948, 948 [1999]), and that the punitive damages claim should be dismissed as against all defendants except for the estate of James English (see Rocanova v Equitable Life Assur.

2014Plaintiff failed to state a claim for prima facie tort (see generally Posner v Lewis, 18 NY3d 566 , 570 n 1 [2012]; Mancuso v Allergy Assoc. of Rochester, 70 AD3d 1499, 1501 [2010]), and we further conclude that plaintiffs negligence causes of action should be dismissed (see Ciapa v Misso, 103 AD3d 1157, 1158 [2013]; Alabisi v Bonda, 262 AD2d 948, 948 [1999]), and that the punitive damages claim should be dismissed as against all defendants except for the estate of James English (see Rocanova v Equitable Life Assur.

2014Plaintiff failed to state a claim for prima facie tort (see generally Posner v Lewis, 18 NY3d 566 , 570 n 1 [2012]; Mancuso v Allergy Assoc. of Rochester, 70 AD3d 1499, 1501 [2010]), and we further conclude that plaintiffs negligence causes of action should be dismissed (see Ciapa v Misso, 103 AD3d 1157, 1158 [2013]; Alabisi v Bonda, 262 AD2d 948, 948 [1999]), and that the punitive damages claim should be dismissed as against all defendants except for the estate of James English (see Rocanova v Equitable Life Assur.

2014Plaintiff failed to state a claim for prima facie tort (see generally Posner v Lewis, 18 NY3d 566 , 570 n 1 [2012]; Mancuso v Allergy Assoc. of Rochester, 70 AD3d 1499, 1501 [2010]), and we further conclude that plaintiffs negligence causes of action should be dismissed (see Ciapa v Misso, 103 AD3d 1157, 1158 [2013]; Alabisi v Bonda, 262 AD2d 948, 948 [1999]), and that the punitive damages claim should be dismissed as against all defendants except for the estate of James English (see Rocanova v Equitable Life Assur.

2021The trial court also providently exercised its discretion by reserving decision on whether to allow the punitive damages claim to proceed and, in the interim, allowing evidence relevant to that claim (including evidence of prior bad acts by defendant) to be introduced, as it was not clear prior to admission of such evidence whether punitive damages would be warranted ( see generally Gruber v Craig , 208 AD2d 900, 901 [2d Dept 1994]; Minjak Co. v Randolph , 140 AD2d 245, 249-250 [1st Dept 1988] [punitive damages may be appropriate where the landlord failed to rectify a hazardous condition posin

2021The trial court also providently exercised its discretion by reserving decision on whether to allow the punitive damages claim to proceed and, in the interim, allowing evidence relevant to that claim (including evidence of prior bad acts by defendant) to be introduced, as it was not clear prior to admission of such evidence whether punitive damages would be warranted ( see generally Gruber v Craig , 208 AD2d 900, 901 [2d Dept 1994]; Minjak Co. v Randolph , 140 AD2d 245, 249-250 [1st Dept 1988] [punitive damages may be appropriate where the landlord failed to rectify a hazardous condition posin

2011Likewise, we reject KEI’s contention that the court erred in concluding that KEI’s failure to plead a drainage easement as an affirmative defense constituted a waiver thereof (see Cronk v Tait, 279 AD2d 857, 859 [2001]; see generally Griffith Energy, Inc. v Evans, 85 AD3d 1564, 1566 [2011]).

2011Likewise, we reject KEI’s contention that the court erred in concluding that KEI’s failure to plead a drainage easement as an affirmative defense constituted a waiver thereof (see Cronk v Tait, 279 AD2d 857, 859 ; see generally Griffith Energy, Inc. v Evans, 85 AD3d 1564, 1566 ).

2011Land Conservancy, Inc. v Cullen, 66 AD3d 1461, 1463 [2009], appeal dismissed 13 NY3d 904 [2009], lv denied 14 NY3d 705 [2010], rearg denied 15 NY3d 746 [2010]; see West v Hogan, 88 AD3d 1247, 1249-1250 [2011]).

2011Land Conservancy, Inc. v Cullen, 66 AD3d 1461, 1463 , appeal dismissed 13 NY3d 904 , lv denied 14 NY3d 705 , rearg denied 15 NY3d 746 ; see West v Hogan, 88 AD3d 1247 , 1249- 1250).

2017Co., we articulated the punitive damages standard as "essentially ... conduct having a high degree of moral culpability which manifests a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard" ( 75 N.Y.2d at 203 -204 , 551 N.Y.S.2d 481 , 550 N.E.2d 930 [citations and internal quotation marks omitted] ).

2017Co., we articulated the punitive damages standard as "essentially ... conduct having a high degree of moral culpability which manifests a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard" ( 75 N.Y.2d at 203 -204 , 551 N.Y.S.2d 481 , 550 N.E.2d 930 [citations and internal quotation marks omitted] ).

2012Dismissal of a punitive damages claim is “premature where, as here, the party opposing the motion has not had an adequate opportunity to conduct discovery into issues within the knowledge of the moving party” (Colombini v Westchester County Healthcare Corp., 24 AD3d 712, 715 [2005]).

2007Health and safety concerns also underlie this Court’s recent decision in Colombini v Westchester County Healthcare Corp. ( 24 AD3d 712 [2005]), where we found that it would be premature to dismiss a punitive damages claim asserted against a facility administering MRI tests.

2011Land Conservancy, Inc. v Cullen, 66 AD3d 1461, 1463 [2009], appeal dismissed 13 NY3d 904 [2009], lv denied 14 NY3d 705 [2010], rearg denied 15 NY3d 746 [2010]; see West v Hogan, 88 AD3d 1247, 1249-1250 [2011]).

2011Land Conservancy, Inc. v Cullen, 66 AD3d 1461, 1463 , appeal dismissed 13 NY3d 904 , lv denied 14 NY3d 705 , rearg denied 15 NY3d 746 ; see West v Hogan, 88 AD3d 1247 , 1249- 1250).

2011For the same reasons, we conclude that the court properly denied KEI’s motion to dismiss the punitive damages claim at trial (see generally Golonka v Plaza at Latham, 270 AD2d 667, 670-671 [2000]).

2011For the same reasons, we conclude that the court properly denied KEI’s motion to dismiss the punitive damages claim at trial (see generally Golonka v Plaza at Latham, 270 AD2d 667, 670-671 ).

2011Likewise, we reject KEI’s contention that the court erred in concluding that KEI’s failure to plead a drainage easement as an affirmative defense constituted a waiver thereof (see Cronk v Tait, 279 AD2d 857, 859 [2001]; see generally Griffith Energy, Inc. v Evans, 85 AD3d 1564, 1566 [2011]).

2011Likewise, we reject KEI’s contention that the court erred in concluding that KEI’s failure to plead a drainage easement as an affirmative defense constituted a waiver thereof (see Cronk v Tait, 279 AD2d 857, 859 ; see generally Griffith Energy, Inc. v Evans, 85 AD3d 1564, 1566 ).

2025Footnote 7: 2 In so holding, the Court of Appeals disagreed with both the majority in this Court and the trial court, which had sustained the punitive damages claim ( see Ross v Louise Wise Servs. , 4 Misc 3d 279, 285-286 [Sup Ct, NY County 2004], affd 28 AD3d 272 [1st Dept 2006], mod 8 NY3d 478 [2007]).

2025While, to reiterate, I do not dispute that plaintiff has alleged the minimum necessary to state negligence claims against both defendants, her allegations against the School no more evoke "conscious disregard for the rights of others" ( Chauca , 30 NY3d at 329 [internal quotation marks omitted]) than do her allegations against the Diocese.

2024The dismissal of a punitive damages claim is premature where, as here, the party opposing the motion has not had an adequate opportunity to conduct discovery into issues within the knowledge of the moving party (Marsh v. Arnot Ogden Medical Center, 91 AD3d 1070, 1072 [3d 951154/2021 DOE, JMRNNYvs.

2024Co. , 11 AD3d 961, 961 [4th Dept 2004]; Hassett v New York Central Mut.