CPLR 3211(a)(7)

Practice point: New York does not recognize an independent cause of action for punitive damages.

Case: Aronis v. TLC Vision Ctrs., Inc., NY Slip Op 02090 (2d Dept. 2008)

Facts: The cause of action sounding in punitive damages was dismissed because New York does not recognize it. Moreover, the cause of action sounding in negligence did not implicate the level of moral culpability necessary to support a claim for the imposition of punitive damages. Punitive damages are available for the purpose of vindicating a public right only where the alleged tortfeasor's actions constitute gross recklessness or intentional, wanton or malicious conduct aimed at the pubic generally or are activated by evil or reprehensible motives.