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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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In light of these considerations, and based upon the clear evidence that the delayed correction of the leaking terrace was a deliberate decision of the petitioner which was, in the words of the extremely qualified resident superintendent of the building, a “management decision”, the court awards punitive damages in the amount of $1,000 for each apartment involved here. However, in relation to the other conditions and to the actions alleged as a basis for punitive damages, the court finds that such damages are not justified on this record and, therefore, in accord with New York Infirmary v Axelrod (NYLJ, Jan. 29, 1979, p 7, col 2) and 88 Lex Co. v Prieser (NYLJ, Dec. 18, 1978, p 13, col 5), denies punitive damages. MENTAL DISTRESS