Opinion
Argued January 2, 1973
Decided February 8, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DAVID HOLMAN, J.
Richard J. O'Keeffe for appellant.
Bernard R. Selkowe for respondent.
Order modified, with costs to plaintiff-respondent, in accordance with the following memorandum and, as so modified, affirmed: The order appealed from should be modified by striking the award of punitive damages. The conduct complained of, not "aimed at the public generally," was neither "so `gross [nor] wanton' as to bring it within the class of malfeasances for which punitive damages may be awarded." ( James v. Powell, 19 N.Y.2d 249, 260; see, also, Vinlis Constr. Co. v. Roreck, 27 N.Y.2d 687, 689; cf. Walker v. Sheldon, 10 N.Y.2d 401, 406.)
Concur: Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER. Taking no part: Judge BREITEL.