Opinion
2007-739 Q C.
Decided February 13, 2009.
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Robert D. Kalish, J.), entered July 5, 2006. The judgment, upon a jury verdict, awarded plaintiff Philip Johnson only the principal sum of $410.69 upon his claim for breach of contract and/or negligent repair and implicitly dismissed his claims for, inter alia, negligent infliction of emotional distress, fraud, and misrepresentation.
Judgment affirmed without costs.
PRESENT: PESCE, P.J., WESTON PATTERSON and STEINHARDT, JJ.
This action arises from defendants' allegedly improper repair of plaintiff's vehicle. At trial, after the close of plaintiff's evidence, the court dismissed plaintiff's demand for punitive damages, as well as his claims based upon negligent infliction of emotional distress, fraud, and misrepresentation. After trial, the jury awarded plaintiff compensatory damages in the amount of $410.69 based on breach of contract and/or negligent repair.
On appeal, plaintiff argues, in essence, that the Civil Court erred in dismissing his demand for punitive damages and his claims for negligent infliction of emotional distress, fraud, and misrepresentation.
Plaintiff failed to introduce evidence sufficient to support a claim for punitive damages ( see e.g. Thone v Crown Equip. Corp., 27 AD3d 723; C-Kitchen Assoc., Inc. v Travelers Ins. Co., 11 AD3d 961; Cross v Zyburo, 185 AD2d 967), or for negligent infliction of emotional distress ( see e.g. Slotkin v Mercedes-Benz of N. Am., 269 AD2d 588; Ford v Village Imports, 92 AD2d 717; Zaccaro v Jenik Motor Serv., 148 Misc 2d 664 [App Term, 2d 11th Jud Dists 1990]). In addition, plaintiff did not establish any false representation made by defendant to support his claims for fraud and misrepresentation. Plaintiff's remaining arguments are similarly without merit.
Accordingly, the judgment is affirmed.
Pesce, P.J., Weston Patterson and Steinhardt, JJ., concur.