SHARAPATA v. TOWN OF ISLIP


56 N.Y.2d 332 (1982)

Richard Sharapata, an Infant, by His Mother and Natural Guardian, Arlene Sharapata, et al., Appellants, v. Town of Islip, Respondent.

Court of Appeals of the State of New York.

Decided June 17, 1982.


Attorney(s) appearing for the Case

Frank Mitchell Corso, Richard A. Engelberg, Marti Green and Mitchel Sommer for appellants.

John J. McLoone, Jr., for respondent.

Louis N. Kash, Corporation Counsel (Michael J. Looby of counsel), for City of Rochester, amicus curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.


FUCHSBERG, J.

In a matter of first impression in this court, we hold today that the waiver of sovereign immunity effected by section 8 of the Court of Claims Act does not permit punitive damages to be assessed against the State or its political subdivisions.

The issue is presented in the context of a negligence action brought to recover the damages which flowed from injuries sustained by the infant plaintiff...

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