CRES JEWELRY FACTORY, INC. v. GOOD-LAND MGMT. CORP.


240 A.D.2d 218 (1997)

658 N.Y.S.2d 876

Cres Jewelry Factory, Inc., Appellant, v. Good-Land Management Corp. et al., Respondents, et al., Defendants. (And a Third-Party and Second Third-Party Actions.)

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

June 10, 1997


The court properly granted the cross motions to dismiss the punitive damages claim since the record is devoid of evidence of malicious or reckless misconduct on the part of defendants-respondents (see, Prozeralik v Capital Cities Communications, 82 N.Y.2d 466) and the work allegedly causing damage to plaintiff's premises was performed by independent...

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