Hargraves v. Bath Central School District

Appellate Division of the Supreme Court of New York

Hargraves v. Bath Central School District

237 A.D.2d 977, 654 N.Y.S.2d 539, 1997 N.Y. App. Div. LEXIS 3608

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

DecidedMarch 14, 1997

StatusPublished

Cited by4 cases

This text of 237 A.D.2d 977 (Hargraves v. Bath Central School District) 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

Hargraves v. Bath Central School District, 237 A.D.2d 977, 654 N.Y.S.2d 539, 1997 N.Y. App. Div. LEXIS 3608 (N.Y. Ct. App. 1997).

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Opinion

Order unanimously modified on the law and as modified affirmed without costs in accordance with the follow[978]*978ing Memorandum: Supreme Court properly denied defendant’s motion to dismiss the causes of action seeking compensatory damages for alleged negligent conduct. The court erred, however, in failing to dismiss the cause of action seeking punitive damages. Punitive damages, may not be assessed against defendant Bath Central School District, which is a public corporation (see, Sharapata v Town of Islip, 56 NY2d 332; Buck v Hooker Chems. & Plastics Corp., 117 Mise 2d 496). (Appeal from Order of Supreme Court, Steuben County, Purple, Jr., J.—Summary Judgment.) Present—Pine, J. P., Lawton, Callahan, Doerr and Fallon, JJ.

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Order unanimously modified on the law and as modified affirmed without costs in accordance with the follow[978]*978ing Memorandum: Supreme Court properly denied defendant’s motion to dismiss the causes of action seeking compensatory damages for alleged negligent conduct. The court erred, however, in failing to dismiss the cause of action seeking punitive damages. Punitive damages, may not be assessed against defendant Bath Central School District, which is a public corporation (see, Sharapata v Town of Islip, 56 NY2d 332; Buck v Hooker Chems. & Plastics Corp., 117 Mise 2d 496). (Appeal from Order of Supreme Court, Steuben County, Purple, Jr., J.—Summary Judgment.) Present—Pine, J. P., Lawton, Callahan, Doerr and Fallon, JJ.

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Bluebook (online)

237 A.D.2d 977, 654 N.Y.S.2d 539, 1997 N.Y. App. Div. LEXIS 3608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hargraves-v-bath-central-school-district-nyappdiv-1997.

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