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TUTINO v. 425 PARK AVE. CO.

188 A.D.2d 434 (1992)

Barbara J. Tutino, Respondent-Appellant, v. 425 Park Avenue Company et al., Appellants-Respondents

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

December 29, 1992

Plaintiff alleges that she was robbed in an elevator while leaving her office, that defendants knew of the danger because of robberies and other assaults in the building, and that defendants acted with reckless disregard in not taking steps to improve security inside the building.

While punitive damages can be awarded for the reckless creation of injury or danger (see, Home Ins. Co. v American Home Prods. Corp., 75 N.Y.2d 196

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