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I. H. P. CORP. v. 210 CENT. PARK S. CORP.

12 N.Y.2d 329 (1963)

I. H. P. Corp., Respondent-Appellant, v. 210 Central Park South Corp. et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided March 28, 1963.

Attorney(s) appearing for the Case

Sylvan D. Freeman for appellants-respondents.

Copal Mintz for respondent-appellant.

Chief Judge DESMOND and Judges DYE, FULD, FOSTER and SCILEPPI concur with Judge BURKE; Judge VAN VOORHIS dissents and votes to modify the judgment appealed from so as to eliminate the award of punitive damages upon the ground that, regardless of the form of the action as in equity or at law, plaintiff has failed to bring itself within section 535 of the Real Property Law which is the basis for recovery of more than compensatory damages in actions for forcible entry and detainer. I do not believe that causes of actions for punitive damages should be extended, for the reasons stated in my dissenting opinion in Walker v. Sheldon (, 406).

BURKE, J.

The principal law question on these cross appeals is whether the Supreme Court committed reversible error in awarding exemplary damages as incidental to injunctive relief.

Plaintiff's complaint alleged a "plain and concise statement of the material facts" (Civ. Prac. Act, § 241) and "a demand of the judgment to which [it] supposed [itself] entitled" (Civ. Prac. Act, § 255). The facts...

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