KAPLAN v. SPARKS


221 A.D.2d 974 (1995)

635 N.Y.S.2d 396

Joseph A. Kaplan, as Limited Administrator of The Estates of Joseph J. Kaplan and Another, Deceased, Appellant, v. Paul Sparks et al., Respondents. (Appeal No. 1.)

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

November 15, 1995


Judgment unanimously reversed on the law with costs and new trial granted in accordance with the following Memorandum: We reject the contention of plaintiff that Supreme Court erred in refusing to submit to the jury plaintiff's claim for punitive damages. There was no evidence that defendants "`acted "maliciously, wantonly, or with a recklessness that betokens an improper motive or vindictiveness" * * * or engaged in "outrageous or oppressive intentional misconduct" or with...

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