Berger v. County of Nassau

Appellate Division of the Supreme Court of New York

Berger v. County of Nassau

47 A.D.2d 851, 366 N.Y.S.2d 196, 1975 N.Y. App. Div. LEXIS 9202

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 31, 1975

StatusPublished

This text of 47 A.D.2d 851 (Berger v. County of Nassau) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berger v. County of Nassau, 47 A.D.2d 851, 366 N.Y.S.2d 196, 1975 N.Y. App. Div. LEXIS 9202 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action inter alla for false imprisonment, plaintiff appeals from so much of an order of the Supreme Court, Nassau County, dated April 4,1974, as denied the branch of his motion which was to dismiss the second affirmative defense contained in the answer of defendant County of Nassau. Order affirmed insofar as appealed from, without costs. Since a claim for exemplary or punitive damages need not be explicitly pleaded if facts entitling the plaintiff to such damages are alleged, and since it is the position of plaintiff, as he insisted on the argument of this appeal, that his complaint is broad enough to encompass such a claim, the affirmative defense of absence of malice was properly interposed. Our determination on this appeal should not be taken as an indication that plaintiff may or should recover punitive damages against respondent. Hopkins, Acting P. J., Martuscello, Munder and Shapiro, JJ., concur.

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In an action inter alla for false imprisonment, plaintiff appeals from so much of an order of the Supreme Court, Nassau County, dated April 4,1974, as denied the branch of his motion which was to dismiss the second affirmative defense contained in the answer of defendant County of Nassau. Order affirmed insofar as appealed from, without costs. Since a claim for exemplary or punitive damages need not be explicitly pleaded if facts entitling the plaintiff to such damages are alleged, and since it is the position of plaintiff, as he insisted on the argument of this appeal, that his complaint is broad enough to encompass such a claim, the affirmative defense of absence of malice was properly interposed. Our determination on this appeal should not be taken as an indication that plaintiff may or should recover punitive damages against respondent. Hopkins, Acting P. J., Martuscello, Munder and Shapiro, JJ., concur.

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Bluebook (online)

47 A.D.2d 851, 366 N.Y.S.2d 196, 1975 N.Y. App. Div. LEXIS 9202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berger-v-county-of-nassau-nyappdiv-1975.