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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)

Citation
Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Parent Document
Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Jurisdiction
New York (state)
Effective Date
1980-12-08

Other Sections in This Document (26)

Full Text

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There is clear support for the availability of punitive damages in summary proceedings. Indeed, while recognizing the availability of that claim in a warranty of habitability case, although denying relief on the facts, the Appellate Term, First Department, in Hurkin v Mazzola (NYLJ, June 2, 1978, p 6, col 1), noted: “It has long been recognized that, as a general rule, in actions for breach of contract, the damages to be awarded are compensatory only. * * * The Court of Appeals, however, has permitted the recovery of punitive damages in actions in which they have *766been otherwise traditionally denied where the offending conduct, aimed at the public generally, evinces such a high degree of moral culpability as to imply a ‘criminal indifference to civil obligations’ The emphasis placed upon “civil obligations” rests upon the theory that punitive damages are “awarded, upon public consideration as a punishment * * * for the wrong * * * and for the protection of the public against similar acts, to deter the defendant from a repetition of the' wronguful act, and to serve as a warning to others.” (14 NY Jur [Rev], Damages, § 176, p 36.)