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Maitrejean v. Levon Properties Corporation

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1982
87 A.D.2d 605 (N.Y. App. Div. 1982)

Opinion

March 15, 1982


In an action, inter alia, to recover damages for the maintenance of a nuisance, defendants appeal from a judgment of the Supreme Court, Suffolk County (Baisley, J.), entered April 7, 1981, which awarded plaintiffs compensatory and punitive damages, after a jury trial. Judgment modified, on the law, by deleting the provisions awarding plaintiffs punitive damages, and substituting a provision dismissing plaintiffs' claims for such damages. As so modified, judgment affirmed, without costs or disbursements. There is no evidence in the record that defendants were guilty of "quasi-criminal conduct" or of such utterly reckless behavior as would justify an award for punitive damages (see Gordon v. Nationwide Mut. Ins. Co., 37 A.D.2d 265, 271; Caldwell v. New Jersey Steamboat Co., 47 N.Y. 282, 296). Moreover, plaintiffs have not alleged facts demonstrating a malicious intent on the part of defendants to injure plaintiffs. Nor have they demonstrated that type of "gross, wanton or willful fraud or other morally culpable conduct upon which punitive damages may be awarded" (see Empire State Fed. Sav. Loan Assn. v. Commercial Union Ins. Co., 67 A.D.2d 676). Mollen, P.J., Gibbons, Weinstein and Rubin, JJ., concur.


Summaries of

Maitrejean v. Levon Properties Corporation

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1982
87 A.D.2d 605 (N.Y. App. Div. 1982)
Case details for

Maitrejean v. Levon Properties Corporation

Case Details

Full title:PHILIPPE L. MAITREJEAN et al., Respondents, v. LEVON PROPERTIES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 15, 1982

Citations

87 A.D.2d 605 (N.Y. App. Div. 1982)

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