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Nardelli v. Stamberg

Court of Appeals of the State of New York
Jun 6, 1978
44 N.Y.2d 500 (N.Y. 1978)

Summary

recognizing that a finding of malice that establishes a malicious prosecution claim supports an award of punitive damages

Summary of this case from Stampf v. Long Island Railroad Authority

Opinion

Argued April 25, 1978

Decided June 6, 1978

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES THOM, J.

Norman Bard and Alfred F. Sica for appellant.

Charles T. Matthews for respondents.


Plaintiff commenced this action seeking to recover damages for malicious prosecution. He was successful at trial, and was awarded both compensatory and punitive damages. On defendants' appeal, the Appellate Division, inter alia, reversed the judgment on the law insofar as it awarded punitive damages, and dismissed that part of plaintiff's complaint requesting such damages. The Appellate Division did, however, affirm the findings of fact with respect to defendants' liability for malicious prosecution. In view of its determination as to the facts, the Appellate Division's conclusion of law with respect to punitive damages may not stand.

A necessary element of the cause of action for malicious prosecution is "actual malice" (Martin v City of Albany, 42 N.Y.2d 13, 16; Broughton v State of New York, 37 N.Y.2d 451, 457, cert den sub nom. Schanbarger v Kellogg, 423 U.S. 929) or "malice in fact" (Prosser, Torts [4th ed], § 119, p 847). While the requisite malice may be proven by circumstantial evidence (Martin v City of Albany, supra, p 17), and may thus in a sense be denominated "implied" or "inferred" in certain cases, it is far greater than the implied-by-law "malice" which is relevant to a defamation action (see Prosser, Torts [4th ed], § 113, pp 771-772; § 119, pp 847-849). The "actual malice" element of a malicious prosecution action does not require a plaintiff to prove that the defendant was motivated by spite or hatred, although it will of course be satisfied by such proof. Rather, it means that the defendant must have commenced the prior criminal proceeding due to a wrong or improper motive, something other than a desire to see the ends of justice served (Restatement, Torts, § 668; Prosser, Torts [4th ed], § 119, pp 847-849).

It has long been recognized in New York that punitive damages may be awarded in an action for malicious prosecution if the defendant was motivated by actual malice or acted in reckless disregard of the plaintiff's rights (1 Clark, New York Law of Damages, § 70). While the latter phrase might at first seem to imply that something more than the "actual malice" essential to malicious prosecution is needed to support an award of exemplary damages, in fact this is so only in certain cases involving the imposition of vicarious liability (see Samieloff v New York Queens County Ry. Co., 122 App. Div. 770; see, generally, 1 Clark, New York Law of Damages, §§ 47-50). In a case such as this, in which liability is to be imposed upon the wrongdoer himself, a finding of liability for malicious prosecution precludes a determination as a matter of law that punitive damages are improper, for the actual malice necessary to support an action for malicious prosecution also serves to justify an award of exemplary damages. "[I]n torts which, like malicious prosecution, require a particular anti-social state of mind, the improper motive of the tortfeasor is both a necessary element in the cause of action and a reason for awarding punitive damages" (Restatement, Torts, Comment c, § 908). Thus, the Appellate Division incorrectly held as a matter of law that plaintiff had no claim for exemplary damages.

This is not to say, of course, that exemplary damages must be awarded in every such action, for the trier of facts is not required to make such an award simply because it may do so (see 14 N.Y. Jur, Damages, § 177). Whether to award punitive damages in a particular case, as well as the amount of such damages, if any, are primarily questions which reside in the sound discretion of the original trier of the facts (see Kujek v Goldman, 150 N.Y. 176, 180; Walker v Sheldon, 10 N.Y.2d 401, 405), in this case the jury, and such an award is not lightly to be disturbed. This does not mean that the Appellate Division or the trial court Judge may never interfere with such a jury award; those courts may, of course, exercise their own discretionary authority to overturn an excessive jury verdict and order a new trial unless the plaintiff will consent to a reduction in amount (see Faulk v Aware, Inc., 19 A.D.2d 464, affd without opn 14 N.Y.2d 899; Gostkowski v Roman Catholic Church, 237 App. Div. 640, affd 262 N.Y. 320). We would caution, however, that the amount of exemplary damages awarded by a jury should not be reduced by a court unless it is so grossly excessive "as to show by its very exorbitancy that it was actuated by passion" (1 Clark, New York Law of Damages, § 56, p 102; accord Restatement, Torts, Comment d, § 908; 14 N.Y. Jur, Damages, § 188).

Here, since the Appellate Division erroneously concluded as a matter of law that plaintiff was not entitled to punitive damages, it did not exercise its discretionary authority to review the amount of exemplary damages awarded by the jury to determine whether the verdict was excessive in light of all the facts and circumstances. Thus, rather than simply reinstating the jury verdict, it is appropriate to remand the case to the Appellate Division.

Accordingly, the order of the Appellate Division, insofar as it reversed so much of the judgment of Supreme Court as awarded exemplary damages, and dismissed the claim seeking such damages, should be reversed, and the case remitted to the Appellate Division for review of the award therefor in the exercise of discretion (CPLR 5613), with costs to abide the event.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order, insofar as it reversed so much of the judgment of Supreme Court as awarded exemplary damages and dismissed the claim seeking such damages, reversed and plaintiff's claim for exemplary damages remitted to the Appellate Division, Second Department, for further proceedings in accordance with the opinion herein, with costs to abide the event.


Summaries of

Nardelli v. Stamberg

Court of Appeals of the State of New York
Jun 6, 1978
44 N.Y.2d 500 (N.Y. 1978)

recognizing that a finding of malice that establishes a malicious prosecution claim supports an award of punitive damages

Summary of this case from Stampf v. Long Island Railroad Authority

stating that malice requires a showing that the prosecutor acted "due to a wrong or improper motive, something other than a desire to see the ends of justice served"

Summary of this case from Sulkowska v. the City of New York

In Nardelli, the Court of Appeals reversed and held that an appellate court could not strike a jury award of punitive damages in the face of the jury's finding of liability on a cause of action sounding in malicious prosecution.

Summary of this case from Laurie Marie M v. Jeffrey T M

In Nardelli v. Stamberg (44 N.Y.2d 500, 503), the Court of Appeals reversed this court's holding that punitive damages were unavailable as a matter of law and stated the New York rule to be that such damages "may be awarded in an action for malicious prosecution if the defendant was motivated by actual malice or [in a vicarious liability situation] acted in reckless disregard of the plaintiff's rights".

Summary of this case from Loeb v. Teitelbaum

In Nardelli v Stamberg (44 N.Y.2d 500, 504) it was stated that a Trial Judge has the power to overturn an "excessive" award of punitive damages, but the court cautioned that the award "should not be reduced * * * unless it is so grossly excessive 'as to show by its very exorbitancy that it was actuated by passion'".

Summary of this case from Micari v. Mann
Case details for

Nardelli v. Stamberg

Case Details

Full title:ADAM NARDELLI, Appellant, v. MELVIN STAMBERG et al., Respondents

Court:Court of Appeals of the State of New York

Date published: Jun 6, 1978

Citations

44 N.Y.2d 500 (N.Y. 1978)
406 N.Y.S.2d 443
377 N.E.2d 975

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