NOOGER v. JAY-DEE FAST DELIVERY


251 A.D.2d 307 (1998)

673 N.Y.S.2d 1006

Barbara Nooger et al., Respondents, v. Jay-Dee Fast Delivery et al., Appellants

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

June 1, 1998


Ordered that the order is reversed insofar as appealed from, on the facts, with one bill of costs, the motion and the cross motion are granted, and the cause of action to recover punitive damages against the defendants is dismissed.

"Punitive damages are available for the purpose of vindicating a public right only where the actions of the alleged tortfeasor constitute gross recklessness or intentional, wanton or malicious conduct aimed at the public generally or are...

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