Appellate Division of the Supreme Court of New York, 1997

Hargraves v. Bath Central School District

Hargraves v. Bath Central School District
Appellate Division of the Supreme Court of New York · Decided March 14, 1997
237 A.D.2d 977; 654 N.Y.S.2d 539; 1997 N.Y. App. Div. LEXIS 3608
Hargraves v. Bath Central School District

Opinion of the Court

Order unanimously modified on the law and as modified affirmed without costs in accordance with the follow*978ing Memorandum: Supreme Court properly denied defendant’s motion to dismiss the causes of action seeking compensatory damages for alleged negligent conduct. The court erred, however, in failing to dismiss the cause of action seeking punitive damages. Punitive damages, may not be assessed against defendant Bath Central School District, which is a public corporation (see, Sharapata v Town of Islip, 56 NY2d 332; Buck v Hooker Chems. & Plastics Corp., 117 Mise 2d 496). (Appeal from Order of Supreme Court, Steuben County, Purple, Jr., J.—Summary Judgment.) Present—Pine, J. P., Lawton, Callahan, Doerr and Fallon, JJ.

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