Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)

Citation: Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)
Parent Document: Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)
Jurisdiction: New York (state)
Effective Date: 2022-04-06
Original Source: https://nycourts.gov/reporter/3dseries/2022/2022_50317.htm ↗

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"The word 'willful' is widely used in the law, and, although it has not by any means been
given a perfectly consistent interpretation, it is generally understood to refer to conduct that is not
merely negligent" ( McLaughlin v Richland Shoe Co ., 486 US 128, 133 [1988]). "[I]t
requires more than inadvertence[,] and we have noted in other contexts that it requires actions
performed 'knowingly, intentionally or deliberately'" ( Matter of Cervini Car Wash, Inc. v
Adduci , 167 AD2d 751, 752 [3d Dept 1990][quotation marks and citation omitted]). Thus, in
other contexts, courts have construed "willfully" to mean whether someone "knew or should have
known" that they were violating the law ( Matter of Central City Roofing Co., Inc. v Musolino , 136 AD3d
1186 , 1187 [3d Dept 2016]; Matter of Baywood Elec. Corp. v New York State Dept. of
Labor , 232 AD2d 553, 555 [2d Dept 1996]).

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