Opinion
October 2, 1995
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the branch of the motion which is for summary judgment dismissing the plaintiff's cause of action for punitive damages is granted.
The record shows that the defendants' conduct did not constitute gross recklessness, nor was it wanton, malicious, or activated by evil or reprehensible motives, as is required to support an award of punitive damages (see, e.g., Sharapata v Town of Islip, 56 N.Y.2d 332, 335; Walker v. Sheldon, 10 N.Y.2d 401; Spinosa v. Weinstein, 168 A.D.2d 32, 42; Gravitt v. Newman, 114 A.D.2d 1000, 1002; cf., Graham v. Columbia-Presbyterian Med. Ctr., 185 A.D.2d 753; Sultan v. Kings Highway Hosp. Ctr., 167 A.D.2d 534). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.