Dexter Realty Corp. v. Community National Bank & Trust Co.

Appellate Division of the Supreme Court of New York

Dexter Realty Corp. v. Community National Bank & Trust Co.

63 A.D.2d 642, 405 N.Y.S.2d 411, 1978 N.Y. App. Div. LEXIS 11506

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

DecidedMay 1, 1978

StatusPublished

This text of 63 A.D.2d 642 (Dexter Realty Corp. v. Community National Bank & Trust Co.) 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

Dexter Realty Corp. v. Community National Bank & Trust Co., 63 A.D.2d 642, 405 N.Y.S.2d 411, 1978 N.Y. App. Div. LEXIS 11506 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action, inter alia, to recover damages for fraud, plaintiffs appeal from an order of the Supreme Court, Kings County, dated November 21, 1977, which denied their motion for summary judgment. Order affirmed, with $50 costs and disbursements. This record presents numerous questions of fact supporting [643]*643the denial of summary judgment by Special Term. We note that while it appears unlikely that plaintiffs can show that the alleged fraud on the part of defendants was aimed at the public generally so as to support their claim for punitive damages (see Walker v Sheldon, 10 NY2d 401), no formal motion to dismiss that claim has ever been made by defendants. Failing such a motion, the question of an award of punitive damages should await the trial of the action. Damiani, J. P., Titone, Suozzi and Rabin, JJ., concur.

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In an action, inter alia, to recover damages for fraud, plaintiffs appeal from an order of the Supreme Court, Kings County, dated November 21, 1977, which denied their motion for summary judgment. Order affirmed, with $50 costs and disbursements. This record presents numerous questions of fact supporting [643]*643the denial of summary judgment by Special Term. We note that while it appears unlikely that plaintiffs can show that the alleged fraud on the part of defendants was aimed at the public generally so as to support their claim for punitive damages (see Walker v Sheldon, 10 NY2d 401), no formal motion to dismiss that claim has ever been made by defendants. Failing such a motion, the question of an award of punitive damages should await the trial of the action. Damiani, J. P., Titone, Suozzi and Rabin, JJ., concur.

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Bluebook (online)

63 A.D.2d 642, 405 N.Y.S.2d 411, 1978 N.Y. App. Div. LEXIS 11506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dexter-realty-corp-v-community-national-bank-trust-co-nyappdiv-1978.

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