OUTSIDE CONNECTION, INC. v. DIGENNARO


18 A.D.3d 634 (2005)

795 N.Y.S.2d 669

OUTSIDE CONNECTION, INC., et al., Appellants, v. ANTHONY DIGENNARO et al., Respondents.

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

May 16, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the defendants' cross motion which was for summary judgment dismissing the claims for punitive damages. Upon the defendants' prima facie showing of entitlement to summary judgment dismissing the claims for punitive damages, the plaintiffs did not raise a triable issue of fact. The plaintiffs failed to establish that the defendants' alleged conduct was so gross, wanton, or willful, or of such high moral culpability, as to warrant an award of punitive damages (see Rocanova v Equitable Life Assur. Socy. of U.S., 83 N.Y.2d 603, 613 [1994]; Borkowski v Borkowski, 39 N.Y.2d 982, 983 [1976]; Walker v Sheldon, 10 N.Y.2d 401, 404-405 [1961]; Zuccarini v Ziff-Davis Media, 306 A.D.2d 404, 405-406 [2003]; Kelly v Defoe Corp., 223 A.D.2d 529 [1996]).


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