Greiss v. Royal National Bank — 31 N.Y.2d 1003

Majority

p. 1003

Florence Greiss, as Administratrix of the Estate of Louis Greiss, Deceased, Respondent, v. Royal National Bank et Ano., Defendants, and Harry Weinberg, Appellant.

Argued January 2, 1973;

decided February 8, 1973.

p. 1004

Richard J. O’Keeffe for appellant.

Bernard R. Selkowe for respondent.

Order modified, with costs to plaintiff-respondent, in accordance with the following memorandum and, as so modified, affirmed: The order appealed from should be modified by striking the award of punitive damages. The conduct complained of; hot “aimed at the public generally,” was neither “ so ‘ gross [nor] wanton ’ as to bring it within the class of malfeasances, for which punitive damages may be awarded.” (James v. Powell, 19 N Y 2d 249 , 260; see, also, Vinlis Constr. Co. v. Roreck, 27 N Y 2d 687 , 689; cf. Walker v. Sheldon, 10 N Y 2d 401 , 406.)

p. 1005

Concur: Chief Judge Fulo and Judges Burke, Jasen, Gabrielli, Jones and Wachtler. Taking no part: Judge Breitel.

Cases cited

James v. Powell 19 N Y 2d 249 N.Y. 1967-03-02 at 260 p. 1004
Vinlis Construction Co. v. Roreck 27 N Y 2d 687 N.Y. 1970-07-01 at 689 p. 1004
Walker v. Sheldon 10 N Y 2d 401 N.Y. 1961-12-07 at 406 p. 1004