Palmer v. County of Suffolk

Appellate Division of the Supreme Court of New York

Palmer v. County of Suffolk

96 A.D.2d 836, 464 N.Y.S.2d 1019, 1983 N.Y. App. Div. LEXIS 19422

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

DecidedAugust 1, 1983

StatusPublished

Cited by2 cases

This text of 96 A.D.2d 836 (Palmer v. County of Suffolk) 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

Palmer v. County of Suffolk, 96 A.D.2d 836, 464 N.Y.S.2d 1019, 1983 N.Y. App. Div. LEXIS 19422 (N.Y. Ct. App. 1983).

Pincite

Opinion

— In an action, inter alia, to recover compensatory and punitive damages based upon an allegedly unauthorized autopsy performed upon plaintiff’s deceased brother, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Jones, J.), dated October 28, 1980, as granted defendant Thomas Loach’s motion to strike from the complaint the claim for punitive damages as against him. Order reversed insofar as appealed from, without costs or disbursements, defendant Loach’s motion to strike from the complaint the claim for punitive damages as against him is denied and said claim is reinstated. Upon the basis of the record before us, whether, and to what extent, plaintiff may be entitled to punitive damages as against defendant Loach is a factual issue to be determined at trial. Accordingly, Special Term erred in dismissing that portion of the complaint seeking punitive damages against said defendant. Damiani, J. P., Titone, Lazer and Gibbons, JJ., concur.

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— In an action, inter alia, to recover compensatory and punitive damages based upon an allegedly unauthorized autopsy performed upon plaintiff’s deceased brother, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Jones, J.), dated October 28, 1980, as granted defendant Thomas Loach’s motion to strike from the complaint the claim for punitive damages as against him. Order reversed insofar as appealed from, without costs or disbursements, defendant Loach’s motion to strike from the complaint the claim for punitive damages as against him is denied and said claim is reinstated. Upon the basis of the record before us, whether, and to what extent, plaintiff may be entitled to punitive damages as against defendant Loach is a factual issue to be determined at trial. Accordingly, Special Term erred in dismissing that portion of the complaint seeking punitive damages against said defendant. Damiani, J. P., Titone, Lazer and Gibbons, JJ., concur.

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Bluebook (online)

96 A.D.2d 836, 464 N.Y.S.2d 1019, 1983 N.Y. App. Div. LEXIS 19422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-county-of-suffolk-nyappdiv-1983.

Opinion

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