From Casetext: Smarter Legal Research

Singleton v. National Bank of North America

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1974
43 A.D.2d 857 (N.Y. App. Div. 1974)

Opinion

January 21, 1974


In an action to recover damages for defendant's alleged negligence in honoring three forged checks drawn on plaintiff's checking account, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County, entered June 19, 1973, as denied its motion to dismiss that part of the complaint which alleges a claim for punitive damages. Order reversed insofar as appealed from, on the law, with $20 costs and disbursements, and motion granted. The complaint fails to state a basis for recovery of punitive damages from the defendant bank. We do not believe this is a case in which such damages may be awarded ( Walker v. Sheldon, 10 N.Y.2d 401; James v. Powell, 19 N.Y.2d 249; Vinlis Constr. Co. v. Roreck, 27 N.Y.2d 687; Greiss v. Royal Nat. Bank, 31 N.Y.2d 1003). Hopkins, Acting P.J., Shapiro, Christ, Brennan and Benjamin, JJ., concur.


Summaries of

Singleton v. National Bank of North America

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1974
43 A.D.2d 857 (N.Y. App. Div. 1974)
Case details for

Singleton v. National Bank of North America

Case Details

Full title:LOUISE SINGLETON, Respondent, v. NATIONAL BANK OF NORTH AMERICA, Appellant

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

Date published: Jan 21, 1974

Citations

43 A.D.2d 857 (N.Y. App. Div. 1974)

Citing Cases

Titan Air Conditioning v. Chase Manhattan BK

Similarly, with respect to the claim for punitive damages, the cause of action will not lie. (See Singleton v…

Tevdorachvili v. Chase Manhattan Bank

Courts have consistently held that punitive damages awards are not appropriate on the type of claim asserted…