Milliken v. Town of Cornwall

Appellate Division of the Supreme Court of New York

Milliken v. Town of Cornwall

293 A.D.2d 584, 740 N.Y.S.2d 229, 2002 N.Y. App. Div. LEXIS 3710

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

DecidedApril 15, 2002

StatusPublished

Cited by1 cases

This text of 293 A.D.2d 584 (Milliken v. Town of Cornwall) 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

Milliken v. Town of Cornwall, 293 A.D.2d 584, 740 N.Y.S.2d 229, 2002 N.Y. App. Div. LEXIS 3710 (N.Y. Ct. App. 2002).

Pincite

Opinion

In an action, inter alia, to recover damages for the violation of civil rights pursuant to 42 USC § 1983, the defendant Helen Bunt appeals from so much of a judgment of the Supreme Court, Orange County (Byrne, J.H.O.), dated May 18, 2001, as, upon a jury verdict, awarded the plaintiff punitive damages against her individually in the principal sum of $30,000.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, and the claim for punitive damages is dismissed.

Punitive damages are available in a case brought pursuant to 42 USC § 1983 “when the defendant’s conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others” (Smith v Wade, 461 US 30, 56; see also Mathie v Fries, 121 [585]*585F3d 808; Ivani Contr. Corp. v City of New York, 103 F3d 257, cert denied 520 US 1211). The evidence regarding Helen Bunt’s conduct was legally insufficient to warrant an award of punitive damages against her. Ritter, J.P., O’Brien, Krausman and Adams, JJ., concur.

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In an action, inter alia, to recover damages for the violation of civil rights pursuant to 42 USC § 1983, the defendant Helen Bunt appeals from so much of a judgment of the Supreme Court, Orange County (Byrne, J.H.O.), dated May 18, 2001, as, upon a jury verdict, awarded the plaintiff punitive damages against her individually in the principal sum of $30,000.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, and the claim for punitive damages is dismissed.

Punitive damages are available in a case brought pursuant to 42 USC § 1983 “when the defendant’s conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others” (Smith v Wade, 461 US 30, 56; see also Mathie v Fries, 121 [585]*585F3d 808; Ivani Contr. Corp. v City of New York, 103 F3d 257, cert denied 520 US 1211). The evidence regarding Helen Bunt’s conduct was legally insufficient to warrant an award of punitive damages against her. Ritter, J.P., O’Brien, Krausman and Adams, JJ., concur.

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Bluebook (online)

293 A.D.2d 584, 740 N.Y.S.2d 229, 2002 N.Y. App. Div. LEXIS 3710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milliken-v-town-of-cornwall-nyappdiv-2002.

Opinion

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