Halpern v. Selkow

Appellate Division of the Supreme Court of New York

Halpern v. Selkow

80 A.D.2d 528, 436 N.Y.S.2d 10, 1981 N.Y. App. Div. LEXIS 10173

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

DecidedFebruary 19, 1981

StatusPublished

Cited by1 cases

This text of 80 A.D.2d 528 (Halpern v. Selkow) 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

Halpern v. Selkow, 80 A.D.2d 528, 436 N.Y.S.2d 10, 1981 N.Y. App. Div. LEXIS 10173 (N.Y. Ct. App. 1981).

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Opinion

Order, Supreme Court, New York County, entered on October 27, 1980, unanimously modified, on the law, to strike .the second cause of action asserted in the complaint, and otherwise affirmed, without costs. The complaint’s first cause of action is stated in sufficient detail to meet the requirements of CPLR 3016 (subd [b]). However, its allegations are restated as a second cause seeking exemplary damages. Punitive damages are “but an incident of damages,” and cannot be the basis for a separate cause. (Isaacs v Interboro Mut. Ind. Ins. Co., 73 AD2d 850.) The ad damnum clause is, accordingly, deemed amended to include the claimed exemplary damages. Concur — Birns, J. P., Markewich, Lupiano, Silverman and Bloom, JJ.

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Order, Supreme Court, New York County, entered on October 27, 1980, unanimously modified, on the law, to strike .the second cause of action asserted in the complaint, and otherwise affirmed, without costs. The complaint’s first cause of action is stated in sufficient detail to meet the requirements of CPLR 3016 (subd [b]). However, its allegations are restated as a second cause seeking exemplary damages. Punitive damages are “but an incident of damages,” and cannot be the basis for a separate cause. (Isaacs v Interboro Mut. Ind. Ins. Co., 73 AD2d 850.) The ad damnum clause is, accordingly, deemed amended to include the claimed exemplary damages. Concur — Birns, J. P., Markewich, Lupiano, Silverman and Bloom, JJ.

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Bluebook (online)

80 A.D.2d 528, 436 N.Y.S.2d 10, 1981 N.Y. App. Div. LEXIS 10173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halpern-v-selkow-nyappdiv-1981.

Opinion

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