Cres Jewelry Factory, Inc. v. Good-Land Management Corp.

Full title: CRES JEWELRY FACTORY, INC., Appellant, v. GOOD-LAND MANAGEMENT CORP. et…

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

Date published: Jun 10, 1997

240 A.D.2d 218 (N.Y. App. Div. 1997)

658 N.Y.S.2d 876

Opinion

June 10, 1997

Appeal from the Supreme Court, New York County (Emily Goodman, J.).

The court properly granted the cross motions to dismiss the punitive damages claim since the record is devoid of evidence of malicious or reckless misconduct on the part of defendants-respondents ( see, Prozeralik v. Capital Cities Communications, 82 N.Y.2d 466) and the work allegedly causing damage to plaintiff's premises was performed by independent contractors.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Williams and Mazzarelli, JJ.