GREISS v. ROYAL NATIONAL BANK, WEINBERG

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, not "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.)

Concur: Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER. Taking no part: Judge BREITEL.