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Gordon v. Nathan

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1974
43 A.D.2d 917 (N.Y. App. Div. 1974)

Summary

affirming dismissal of punitive damages claim because, under EPTL § 11-3.2, defendant's death precluded recovery of punitive damages from personal representatives of estate

Summary of this case from Doe v. Indyke

Opinion

February 14, 1974


Order, Supreme Court, New York County, entered on July 17, 1973, denying defendants' motion for summary judgment, unanimously modified, on the law, to the extent of dismissing the claim for punitive damages against defendant Ellender. Except as so modified, said order is affirmed, without costs and without disbursements. The record before us discloses that this action is the latest in a series of bitterly contested litigations, over a period of years, between a landlord and his tenant; and has now, unfortunately, also involved their respective attorneys personally. The death of the tenant, which precludes the recovery of punitive damages against his personal representatives (EPTL 11-3.2, subd. [a], par. [1]), should also prompt the other parties to amicably settle their outstanding differences.

Concur — Markewich, J.P., Nunez, Kupferman, Murphy and Macken, JJ.


Summaries of

Gordon v. Nathan

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1974
43 A.D.2d 917 (N.Y. App. Div. 1974)

affirming dismissal of punitive damages claim because, under EPTL § 11-3.2, defendant's death precluded recovery of punitive damages from personal representatives of estate

Summary of this case from Doe v. Indyke
Case details for

Gordon v. Nathan

Case Details

Full title:EDWARD S. GORDON, Respondent, v. EDWARD NATHAN, Individually and Doing…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 14, 1974

Citations

43 A.D.2d 917 (N.Y. App. Div. 1974)

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