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FRENYA v. CHAMPLAIN VALLEY PHYSICIANS' HOSP. MED. CTR.

133 A.D.2d 1000 (1987)

Tara Frenya, an Infant, by Larry Frenya, Her Parent, Appellant, v. Champlain Valley Physicians' Hospital Medical Center, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 29, 1987

In this medical malpractice action, plaintiff contends that Supreme Court erred in striking her claim for punitive damages. We agree with Supreme Court that punitive damages are not appropriate in this case. Punitive damages may not be claimed in the absence of a wrongful motive on the defendant's part, willful or intentional misdoing, or a reckless indifference equivalent to willful or intentional misdoing (36 NY Jur 2d, Damages, § 175, at 293). In the case of a tort...

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