PURDY v. CONSUMERS DISTRIBUTING CO., LTD.

No. 86 Civ. 3442 (MGC).

648 F.Supp. 980 (1986)

Everett PURDY, Plaintiff, v. CONSUMERS DISTRIBUTING COMPANY, LTD., Defendant.

United States District Court, S.D. New York.

December 4, 1986.


Attorney(s) appearing for the Case

Farris, Warfield & Kanaday by H. Naill Falls, Jr., Nashville, Tenn., for plaintiff.

Hess, Segal, Guterman, Pelz, Steiner & Barovick by Michael P. Zweig, New York City, for defendant.


CEDARBAUM, District Judge.

This is a suit for breach of an employment contract for which plaintiff seeks both compensatory and punitive damages. Defendant has moved to dismiss that portion of the complaint which asserts a claim for punitive damages. Because plaintiff has failed to allege the type of conduct by defendant that would warrant the imposition of punitive damages under New York law, defendant's motion is granted.

Background

In December...

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