Guion v. Associated Dry Goods Corp. (Lord & Taylor Division)
| Decision Date | 07 February 1978 |
| Citation | 43 N.Y.2d 876,403 N.Y.S.2d 465,374 N.E.2d 364 |
| Parties | , 374 N.E.2d 364 Renee GUION, Appellant, v. ASSOCIATED DRY GOODS CORP. (LORD & TAYLOR DIVISION) et al., Respondents, et al., Defendants. |
| Court | New York Court of Appeals Court of Appeals |
Order affirmed with costs.
On the record before us there is no predicate for punitive damages as a matter of law. Even assuming that the security supervisor's failure to inspect the counter was relevant to the false imprisonment cause of action, under the circumstances here, while his conduct could be found to be careless, it did not rise to the level of wantonness or maliciousness (cf. Walker v. Sheldon, 10 N.Y.2d 401, 404, 223 N.Y.S.2d 488, 490, 179 N.E.2d 497, 498 (Fuld, J.)). And, since the evidence was insufficient to support plaintiff's claim for exemplary damages against all three employees through which the store acted, a fortiori there was no basis for recovery of such damages against their employer (see Walker v. Lord & Taylor, 236 App.Div. 111, 258 N.Y.S. 96; 10 Encyclopedia New York Law, Damages, § 831, p. 346).
Order affirmed.
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