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Levy v. Bronx County Carting Company

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1991
172 A.D.2d 356 (N.Y. App. Div. 1991)

Opinion

April 23, 1991

Appeal from the Supreme Court, Bronx County (Hansel McGee, J.).


In this personal injury action, plaintiff's automobile was allegedly involved in an accident with a truck driven by defendant's employee.

On this motion, plaintiff alleges that defendant has been dishonest with respect to disclosure of who was driving the truck at the time of the accident, and whether another person was present in the truck.

These allegations are not sufficient to support an award of punitive damages. The wrongful conduct in the course of disclosure is not connected to the underlying tort, and therefore should not be subject to an award of damages. (James v. Powell, 19 N.Y.2d 249.)

Departures from professional standards of this nature are more appropriately addressed by imposition of sanctions (see, Ostano Commerzanstalt v. Telewide Sys., 794 F.2d 763 [2d Cir 1986]).

Concur — Murphy, P.J., Rosenberger, Wallach and Smith, JJ.


Summaries of

Levy v. Bronx County Carting Company

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1991
172 A.D.2d 356 (N.Y. App. Div. 1991)
Case details for

Levy v. Bronx County Carting Company

Case Details

Full title:HANNAH LEVY, Respondent, v. BRONX COUNTY CARTING COMPANY, Also Known as…

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

Date published: Apr 23, 1991

Citations

172 A.D.2d 356 (N.Y. App. Div. 1991)
568 N.Y.S.2d 619

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