Punitive / Exemplary Damages in New York

What Are Punitive / Exemplary Damages?

Background

Punitive damages are “intended as punishment for gross misbehavior for the good of the public and have been referred to as a sort of hybrid between a display of ethical indignation and the imposition of a criminal fine.” (Home Ins. Co. v. Am. Home Produs. Corp. (1990) 75 N.Y.2d 196, 203.)

“[P]unitive damages are available to vindicate a public right only where the actions of the alleged tortfeasor constitute either gross recklessness or intentional, wanton, or malicious conduct aimed at the public generally, or were activated by evil or reprehensible motives.” (Boykin v. Mora (2000) 274 A.D.2d 441, 442.)

Whereas compensatory damages are intended to assure that the victim receives “fair and just compensation commensurate with the injury sustained,” punitive damages are meant to “punish the tortfeasor and to deter this wrongdoer and others similarly situated from indulging in the same conduct in the future.” (Greshman v. Ahmad (2017) 156 A.D.3d 868, 869.)

How to Structure the Motion

A claim for compensatory damages precedes one for punitive damages. (Rocanova v. Equitable Life Assurance Soc’y of the U.S. (1994) N.Y.2d 603, 616-617.)

“Something more than the mere commission of a tort is always required for punitive damages.” (Liberman v. Riverside Mem. Chapel (1996) A.D.2d 283, 291.) “The degree of misconduct necessary to warrant and uphold the allowance of punitive damages has been defined in varying language, but all definitions involve the idea of the intentional, wanton, willful, or malicious commission of some illegal act, or of such a perverse and obstinate failure to discharge a duty as warrants the presumption of a reckless indifference to the rights of others which is equivalent to intentional misconduct.” (36 N.Y. Jur. Damages, § 175 [2003].)

An “award for punitive damages must be supported by clear, unequivocal, and convincing evidence.” (Camillo v. Greer (1992) 185 A.D.2d 192.) Punitive damages are only appropriate in those singularly rare cases where the plaintiff presented evidence of outrageous conduct by the defendant. (Matther of Eighth Jud. Dist. Asbestos Litig., 92 A.D.3d 1259 [4th Dept. 2012].) Such evidence must be clearly established and must be determined by the facts at the time the alleged tortious conduct occurred. (Ross v. Louise Wise Servs., Inc. (2007) 8 N.Y.3d 478.)

The Court’s Decision

As many courts have recognized, punitive damages are not necessary where compensatory damages also function to deter the tortious conduct. (Roginsky v. Richardson-Merrell, Inc. 378 F.2d 832, 841 [2d Cir. 1967].) Judicial preclusion of punitive damages is justified where such an award will not serve any proper purposes, but instead will harm other, even more fundamental interests, such as the compensation of injured parties and the protection of the defendants’ rights to due process. (BMW v. Gore (1996) U.S. 559, 568; Motorola Credit Corp. v. Uzan, 509 F.3d 74 [2d Cir. N.Y. 2007].)

Documents for Punitive / Exemplary Damages in New York

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Progressive Advanced Insurance Company v. Ramon Collado A/K/A COLLADO RAMON, Maria Collado A/K/A COLLADO MARIA, Jaime Rafael Gomez Rodriguez A/K/A GOMEZ JAIME, 79 Expressrx Inc., Atlantic Medical & Diagnostic, P.C., Carlos Rodriguez - Jaquez Md, Centurion Midtown Anesthesia Pllc, Citimed Complete Medical Care P.C., Comprehensive Mri Of New York, P.C., Diana Beynin, Healthway Med Equipment Inc., Highline Supply Inc., Joseph A. Raia, M.D., P.C., Jtk Chiropractic Care, P.C., Kolb Radiology P.C., Mark S. Mcmahon, M.D., P.C., Medella Diagnostic Inc., Midwood Surgical Supplies, Inc., Pg Psychological Services, P.C., Queens Radiology Imaging P.C., Refua Rx Inc, Right Choice Pharmacy Inc, Simplepharm, Stand-Up Mri Of The Bronx, P.C., Surgut Leasing Corp, Tatsu Leasing Corp., United Care Physical Therapy, P.C. document preview

EXHIBIT(S) - A - Declarations Pages and Policy Documents (Y-6801)

59 pages

FILED: NASSAU COUNTY CLERK 04/30/2024 11:54 AM Form_SCTNID_CTGRY.NY12216489_DECPAGE INDEX NO. 607463/2024 NYSCEF DOC. NO. 2 970668379 N IC94549 INS DECPAGE E POLWHITEFONT EA3WY34ONL72UE26HGPBAS5G2C0002 RPUID TRACWHITEFONT …

Case Name Progressive Advanced Insurance Company v. Ramon Collado A/K/A COLLADO RAMO…