HARKNESS v. SMITH


125 Misc.2d 216 (1984)

Warren Harkness et al., Plaintiffs, v. John Smith, an Infant, Defendant. D. Michael Peters et al., Plaintiffs, v. John Smith, an Infant, Defendant.

Supreme Court, Monroe County.

July 6, 1984


Attorney(s) appearing for the Case

Alban J. Reichert for defendant. Nixon, Hargrave, Devans & Doyle (Richard D. Rochford, Jr., of counsel), for plaintiffs.


DAVID O. BOEHM, J.

The question of whether an infant is subject to punitive damages has apparently never been considered in New York. At least there does not appear to be any recorded decision on the point and it would therefore seem that this is a case of first impression.

The issue here is presented by a motion to set aside verdicts against the defendant for punitive damages. The defendant is presently 18 years of age, but at the time of the...

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