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JASMINE MORRELL, ETC., APPELLANT, v. MILES D. GORENKOFF, RESPONDENT.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly dismissed the plaintiff's cause of action sounding in prima facie tort, as it alleged negligent treatment of the plaintiff but failed to allege that the defendant's sole motivation was "disinterested malevolence" (Burns Jackson Miller Summit Spitzer v. Lindner, 59 N.Y.2d 314, 333; Curiano v. Suozzi, 63 N.Y.2d 113, 118). Further, the defendant's alleged conduct did not constitute gross recklessness, was not wanton or malicious, and was not activated by evil or reprehensible motives, as is required to support an award of punitive damages (see, Walker v. Sheldon, 10 N.Y.2d 401; Spinosa v. Weinstein, 168 A.D.2d 32, 42; cf., Sultan v. Kings Highway Hosp. Ctr., 167 A.D.2d 534).

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MORRELL v. GORENKOFF
(Dec 6, 2000)