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.