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Appellate Division of the Supreme Court of New York, 1966

Kallman v. Wolf Corp.

Kallman v. Wolf Corp.
Appellate Division of the Supreme Court of New York · Decided February 3, 1966 · Eager, McNally, Steuer, Stevens, Witmer
25 A.D.2d 506; 266 N.Y.S.2d 779; 1966 N.Y. App. Div. LEXIS 5050
Kallman v. Wolf Corp.

Opinion of the Court

Order vacating the judgment herein entered July 9, 1964 unanimously affirmed, with $50 costs and disbursements to respondents. Tfie assessment *507of punitive damages is an incident of damages which requires proof of a cause of action; punitive damage does not constitute a separate cause of action. (Gill v. Montgomery Ward é Co., 284 App. Div. 36, 41.) The vacatur of the California judgment removed the basis for the judgment herein because the complaint is grounded solely on the California judgment.

Concur — McNally, J. P., Stevens, Eager, Steuer and Witmer, JJ.

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