Pascazi v. Pelton

210 A.D.2d 910, 621 N.Y.S.2d 979, 1994 N.Y. App. Div. LEXIS 13375

Opinion

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that portion of defendant’s motion for partial summary judgment seeking dismissal of plaintiffs’ claim for punitive damages. "[PJunitive damages are available for the purpose of vindicating a public right only where the actions of the alleged tort-feasor constitute gross recklessness or intentional, wanton or malicious conduct aimed at the public generally or are activated by evil or reprehensible motives” (Spinosa v Weinstein, 168 AD2d 32, 42-43, quoting Gravitt v Newman, 114 AD2d 1000, 1002). The conduct alleged in the complaint does not approach the level of gross indifference to patient care necessary to support a claim for punitive damages in plaintiffs’ causes of action for either medical malpractice or ordinary negligence (see, Spinosa v Weinstein, supra; Jones v Hospital for Joint Diseases & Med. Ctr., 96 AD2d 498; Twitchell v MacKay, 78 AD2d 125, 130; cf., Graham v Columbia-Presbyterian Med. Ctr., 185 AD2d 753). (Appeal from Order of Supreme Court, Monroe County, Ark, J.—Partial Summary Judgment.) Present—Pine, J. P., Balio, Fallon, Doerr and Boehm, JJ.