PUNITIVE DAMAGES: PUBLIC WRONG OR …

961 DICKERSON & (DONE) 4/10/2013 9:37 AM 961 PUNITIVE DAMAGES: PUBLIC WRONG OR egregious conduct ? A SURVEY OF NEW YORK LAW John M. Leventhal* & Thomas A. Dickerson** I. INTRODUCTION New York s PUNITIVE damages jurisprudence has oftentimes been confusing. Courts have at times required plaintiffs to establish a PUBLIC WRONG in order to award PUNITIVE At other times, courts have required plaintiffs to establish egregious This article provides a historical perspective of PUNITIVE damages and the rationales for their imposition. This article then references relevant case law to examine legal determinations of PUNITIVE damage awards in tort, fraud, breach of contract, breach of fiduciary duty, and General Business Law ( GBL ) section 349 causes of actions, *John M. Leventhal, , , is an Associate Justice of the Appellate Division of the New York State Supreme Court, Second Judicial Department. He presided over the nation s first dedicated felony Domestic Violence Court, from June 1996 to January 2008.

961 DICKERSON & LEVENTHAL.MLD (DONE) 4/10/2013 9:37 AM 961 PUNITIVE DAMAGES: PUBLIC WRONG OR EGREGIOUS CONDUCT? A SURVEY OF NEW YORK LAW John M. Leventhal* & Thomas A. Dickerson** I. INTRODUCTION New York‘s punitive damages jurisprudence has oftentimes been

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  Public, Conduct, Grown, Damage, Public wrong or, Public wrong or egregious conduct, Egregious

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