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.