From Casetext: Smarter Legal Research

Nooger v. Jay-Dee Fast Delivery

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 307 (N.Y. App. Div. 1998)

Opinion

June 1, 1998

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


Ordered that the order is reversed insofar as appealed from, on the facts, with one bill of costs, the motion and the cross motion are granted, and the cause of action to recover punitive damages against the defendants is dismissed.

"Punitive damages are available for the purpose of vindicating a public right only where the actions of the alleged tortfeasor constitute gross recklessness or intentional, wanton or malicious conduct aimed at the public generally or are activated by evil or reprehensible motives" (Zabas v. Kard, 194 A.D.2d 784; Gravitt v. Newman, 114 A.D.2d 1000, 1002). The allegations contained in the plaintiffs' amended complaint do not rise to the level of moral culpability necessary to support a claim for punitive damages (see, Zabas v. Kard, supra).

The parties' remaining contentions are without merit.

O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.


Summaries of

Nooger v. Jay-Dee Fast Delivery

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 307 (N.Y. App. Div. 1998)
Case details for

Nooger v. Jay-Dee Fast Delivery

Case Details

Full title:BARBARA NOOGER et al., Respondents, v. JAY-DEE FAST DELIVERY et al.…

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

Date published: Jun 1, 1998

Citations

251 A.D.2d 307 (N.Y. App. Div. 1998)
673 N.Y.S.2d 1006

Citing Cases

Thomas v. Farrago

The Supreme Court properly granted those branches of the respondents' respective motions which were pursuant…

Moskowitz v. Masliansky

Finally, the Supreme Court should have directed dismissal of so much of the negligence cause of action as…