LUBY v. ST. JOHN'S EPISCOPAL HOSP.


220 A.D.2d 390 (1995)

631 N.Y.S.2d 773

Robert Luby, Respondent, v. St. John's Episcopal Hospital, Defendant, and North Suffolk Cardiology Associates, P. C., et al., Appellants

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

October 2, 1995


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the branch of the motion which is for summary judgment dismissing the plaintiff's cause of action for punitive damages is granted.

The record shows that the defendants' conduct did not constitute gross recklessness, nor was it wanton, malicious, or activated by evil or reprehensible motives, as is required to support an award of punitive damages (see, e.g., Sharapata...

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