In Borkowski v. Borkowski, 39 N.Y.2d 982, 387 N.Y.S.2d 233, 355 N.E.2d 287 (1976), in a memorandum decision, the court noted that punitive damages could be recovered in a fraud action without showing public harm, if the proof establishes "gross, wanton or willful fraud or other morally culpable conduct."Summary of this case from Purdy v. Consumers Distributing Co., Ltd.
Argued June 8, 1976
Decided July 6, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ABRAHAM J. MULTER, J.
Alex V. Myslicki, Jr., for appellant.
Robert A. Straniere for respondents.
MEMORANDUM. Order of the Appellate Division affirmed, without costs.
It is not essential, as the Appellate Division stated, that punitive damages be allowed in a fraud case only where the acts had been aimed at the public generally. Nevertheless, the proof in this case does not establish such gross, wanton, or willful fraud or other morally culpable conduct to a degree sufficient to justify an award of punitive damages. At least the Appellate Division was entitled to so conclude. (See, generally, Walker v Sheldon, 10 N.Y.2d 401, 404-405.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.