Opinion
May 9, 1994
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the judgment is modified, by deleting the provisions thereof which granted the plaintiffs Alexander Spiegel and Elizabeth Spiegel punitive damages; as so modified, the judgment is affirmed, without costs or disbursements.
Punitive damages should only be awarded when there is a showing that a defendant's actions are heinous or reprehensible (see, Lyke v. Anderson, 147 A.D.2d 18). In the instant case, there was no showing of malice on the part of the defendants in the procurement of the invalid warrant of eviction; thus, a basis for awarding punitive damages was not established (see, Long Is. Airports Limousine Serv. Corp. v. Northwest Airlines, 124 A.D.2d 711; Brandt v. de Kosenko, 57 Misc.2d 574).
We have reviewed the parties' remaining contentions and find them to be without merit. Balletta, J.P., Copertino, Hart and Krausman, JJ., concur.