Practice point: The court granted that branch of the defendants'
cross motion which was for summary judgment dismissing the plaintiff's
claim for punitive damages. In opposition to the defendants' prima facie
showing, the plaintiff failed to raise a triable issue of fact as to
whether the defendants' alleged conduct was so gross, wanton, or
willful, or of such high moral culpability, as to warrant an award of
punitive damages.
The court also granted that branch of the defendants' cross motion which was for an
award of costs and attorney's fees pursuant to CPLR 8303-a(c). The
plaintiff's claim for punitive damages was asserted only to harass the
defendants, and an award of costs and attorney's fees is warranted.
Student note: As the complaint only seeks $3,500 in compensatory
damages, the Supreme Court, in its discretion, may remove the action to a
lower court pursuant to CPLR 325(d).
Case: Baxter v. Javier, NY Slip Op 05605 (2d Dept. 2013).
Here is the decision.
Monday's issue: Default judgments and law office failure.
