Opinion
April 11, 1985
Appeal from the Supreme Court, New York County (Kenneth Shorter, J.).
Punitive or exemplary damages are allowed only "in cases where the wrong complained of is morally culpable, or is actuated by evil and reprehensible motives, not only to punish the defendant but to deter him, as well as others who might otherwise be so prompted, from indulging in similar conduct in the future." ( Walker v. Sheldon, 10 N.Y.2d 401, 404.) In that connection, the record herein does not contain any indication that defendant bank exhibited the high degree of moral turpitude which would justify the imposition of punitive damages. ( Luxonomy Cars v. Citibank, 65 A.D.2d 549.) Moreover, in the absence of exceptional circumstances not here apparent, a claim for punitive damages does not lie in an action seeking recovery for payment on forged indorsements. ( See, Titan Air Conditioning Corp. v. Chase Manhattan Bank, 61 A.D.2d 764.)
Concur — Sandler, J.P., Sullivan, Bloom and Milonas, JJ.