Opinion
June 24, 1997
Appeal from Supreme Court, New York County (Edward Greenfield, J.).
We previously held in Public Adm'r of County of N.Y. v Frota Oceanica Brasileira ( 222 A.D.2d 332, lv dismissed 88 N.Y.2d 920) that damages for nonpecuniary loss are unavailable under general maritime law, and that punitive damages are nonpecuniary damages such that punitive damages are also unavailable under general maritime law. It is now settled that, given the primacy of the concern for uniformity of maritime law as expressed in Miles v. Apex Mar. Corp. ( 498 U.S. 19), a plaintiff in a maintenance and cure case cannot obtain punitive damages ( see, Guevara v. Maritime Overseas Corp., 59 F.3d 1496), and damages for loss of consortium are also unavailable ( see, Ellender v. Graham Co., 821 F. Supp. 1136). In light of the vacatur of the punitive damages award, the trial court may wish to consider an award of attorney's fees to plaintiffs ( see, Paris v. Waterman S. S. Corp., 218 A.D.2d 561, 565, appeal withdrawn 87 N.Y.2d 860; Glynn v. Roy Al Boat Mgt. Corp., 57 F.3d 1495, 1501, cert denied 516 U.S. 1046). We have considered defendant-appellant's remaining arguments and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Williams and Tom, JJ.