Opinion
October 31, 1985
Appeal from the Supreme Court, New York County (Reuben K. Davis, J.).
The jury, in this attorneys' malpractice action, awarded $500,000 in punitive damages, collectively, against defendants. Trial Term would have reduced that amount collectively to $5,000 upon plaintiff's acceptance thereof. There is no warrant whatsoever in the record for the award of punitive damages. Not only did the complaint fail to request such relief or plead a basis therefor, but the record is devoid of any showing of that type of fraud and deceit which, aimed at the public generally, is gross and involves high moral culpability. (See, Walker v Sheldon, 10 N.Y.2d 401, 405.) In any event, there is a forum, in the case of an errant lawyer, for the vindication of the public's rights. In this case, we see no need to create any additional redress in the form of punitive damages. After review of the record we find that plaintiff presented a prima facie case of liability. The $500,000 award of compensatory damages, however, appears to us to be excessive to the extent indicated. Trial Term would have reduced that award upon plaintiff's stipulation to accept the same to $62,500, which we find, given the medical proof, to be inadequate. In the event plaintiff refuses to consent to the reduction of the compensatory damage award the retrial of this action shall resolve the issues of both liability and compensatory damages since we believe they are inextricably interwoven. (See, Mercado v City of New York, 25 A.D.2d 75, 77-78.)
Concur — Kupferman, J.P., Sullivan, Carro, Fein and Rosenberger, JJ.