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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: August 30, 2015

Court Rejects Referee’s Recommended Award of Punitive Damages

On August 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Dionne-Tontchev v. Worldwide Wealth Management Corp., 2015 NY Slip Op. 31587(U), rejecting a referee’s recommended award of punitive damages on the plaintiff’s breach of contract, quasi-contract and tort claims, because “[n]o testimony was elicited as to why punitive damages are appropriate in this case. Nor did [the] J.H.0. . . . explain why $250,000 is an appropriate punitive damages award.” The trial court gave the plaintiff a choice: he could ask the court to remand the matter to the J.H.O. “for further proceedings to establish a sufficient record upon which a punitive damages award may be based” or he could “forgo his punitive damages claim and seek entry of judgment in the amount of” the compensatory damages awarded.

Posted in Commercial, Damages
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