Tuesday, December 27, 2016

Termination of an action within the meaning of CPLR 203(e), and punitive damages.

CPLR 203(e), in pertinent part, states that "[w]here a defendant has served an answer containing a defense or counterclaim and the action is terminated . . . by dismissal . . . , the time which elapsed between the commencement and termination of the action is not a part of the time within which an action must be commenced to recover upon the claim in the defense or counterclaim."

For statutory purposes, a prior action terminates when a nondiscretionary appeal, or an appeal taken as of right, is exhausted.

A demand for punitive damages will be struck where the action involves a private dispute, and plaintiff has not demonstrated that defendants' conduct was aimed at the public generally.

Case: Britt v. Nestor, NY Slip Op 08437 (1st Dep't December 15, 2017)

Here is the decision.

Tomorrow's issue:  CPLR 3212(f).