Meltzer v. Klein

Appellate Division of the Supreme Court of New York

Meltzer v. Klein

41 A.D.2d 967, 344 N.Y.S.2d 992, 1973 N.Y. App. Div. LEXIS 4346

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

DecidedMay 29, 1973

StatusPublished

This text of 41 A.D.2d 967 (Meltzer v. Klein) 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

Meltzer v. Klein, 41 A.D.2d 967, 344 N.Y.S.2d 992, 1973 N.Y. App. Div. LEXIS 4346 (N.Y. Ct. App. 1973).

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Opinion

In an action to impress a trust and for an accounting and punitive damages, in which action and interlocutory judgment impressing a trust and directing an accounting had previously been entered and affirmed (Meltzer v. Klein, 34 A D 2d 734), defendants appeal, as limited by their notice of appeal and their brief, from so much of a judgment of the Supreme. Court, Kings County, dated December 16, 1971, as awarded plaintiff punitive damages of $10,000, Judgment modified, on the law and in the exercise of discretion, by striking from the last decretal paragraph thereof the award to plaintiff of $10,000 as punitive damages and accordingly reducing the further monetary amounts set forth in said decretal paragraph as follows: from $32,492.28 (plaintiff’s total award before costs and disbursements) to $22,492.28 and from $32,985.78 to $22,985.78 (plaintiff’s total award after costs and disbursements). As so modified, judgment affirmed insofar as appealed from, without costs. In our opinion, punitive damages to plaintiff are not justified by the facts in this case (cf. Greiss v. Royal Nat. Bank, 31 N Y 2d 1003; Vinlis Constr. Co. v. Roreck, 27 N Y 2d 687; James v. Powell, 19 N Y 2d 249, 260). Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In an action to impress a trust and for an accounting and punitive damages, in which action and interlocutory judgment impressing a trust and directing an accounting had previously been entered and affirmed (Meltzer v. Klein, 34 A D 2d 734), defendants appeal, as limited by their notice of appeal and their brief, from so much of a judgment of the Supreme. Court, Kings County, dated December 16, 1971, as awarded plaintiff punitive damages of $10,000, Judgment modified, on the law and in the exercise of discretion, by striking from the last decretal paragraph thereof the award to plaintiff of $10,000 as punitive damages and accordingly reducing the further monetary amounts set forth in said decretal paragraph as follows: from $32,492.28 (plaintiff’s total award before costs and disbursements) to $22,492.28 and from $32,985.78 to $22,985.78 (plaintiff’s total award after costs and disbursements). As so modified, judgment affirmed insofar as appealed from, without costs. In our opinion, punitive damages to plaintiff are not justified by the facts in this case (cf. Greiss v. Royal Nat. Bank, 31 N Y 2d 1003; Vinlis Constr. Co. v. Roreck, 27 N Y 2d 687; James v. Powell, 19 N Y 2d 249, 260). Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

41 A.D.2d 967, 344 N.Y.S.2d 992, 1973 N.Y. App. Div. LEXIS 4346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meltzer-v-klein-nyappdiv-1973.