Juman v. Louise Wise Services
Citation | 3 A.D.3d 309,2004 NY Slip Op 00007,770 N.Y.S.2d 305 |
Decision Date | 06 January 2004 |
Docket Number | 2271,2270 |
Parties | MARTIN JUMAN et al., Appellants-Respondents, v. LOUISE WISE SERVICES, Respondent-Appellant. MARTIN JUMAN, as Administrator of the Estate of MICHAEL JUMAN, Deceased, Appellant, v. LOUISE WISE SERVICES et al., Respondents. |
Court | New York Supreme Court Appellate Division |
In these actions arising out of the alleged wrongful adoption of Michael Juman by plaintiffs Martin and Phyllis Juman, we have already had occasion to note that any compensatory damages recovered by plaintiffs should be limited to damages for pecuniary loss directly attributable to the alleged fraud (254 AD2d 72, 74 [1998]). Damages for emotional distress or for its somatic sequelae, such as the heart condition that is alleged to have caused plaintiff Martin Juman's premature retirement, do not fall within this description (id.; and see Jeffrey BB. v Cardinal McCloskey School & Home for Children, 257 AD2d 21, 24 [1999]) and were properly disallowed by the motion court. However, the motion court erred in concluding that plaintiffs were entitled to seek punitive damages for defendant's alleged disregard of its disclosure obligations under Social Services Law § 373-a subsequent to September19, 1983, the effective date of the enactment setting a statutory standard for disclosure. Defendant's...
To continue reading
Request your trial-
Olson v. Brenntag N. Am., Inc.
...by a plaintiff's causes of action. (See Ross , 8 N.Y.3d at 491, 836 N.Y.S.2d 509, 868 N.E.2d 189 ; Juman v. Louise Wise Servs. , 3 A.D.3d 309, 310, 770 N.Y.S.2d 305 [1st Dept. 2004] [affirming dismissal of plaintiff's request for punitive damages based on defendant's post-1983 conduct, wher......
-
Feller v. Earth Leasing, LLC
...20 A.D.3d 168, 170, 796 N.Y.S.2d 503 ), we conclude that its determination is "well supported in the record" (Juman v. Louise Wise Servs., 3 A.D.3d 309, 310, 770 N.Y.S.2d 305 ; see Thompson v. Metropolitan Transp. Auth., 112 A.D.3d 912, 913–914, 977 N.Y.S.2d 386 ; Rodriguez v. Mount Sinai H......
-
Ross v. Louise Wise Services, Inc.
...to the wrongful adoption claim "since the operative facts are those that occurred at and around the time of the ... adoption" (3 A.D.3d at 310, 770 N.Y.S.2d 305). In Jeffrey BB. v. Cardinal McCloskey School & Home for Children, 257 A.D.2d 21, 689 N.Y.S.2d 721 (3d Dept.1999), also a wrongful......
-
Williams v. Mann
...as a consequence of the defendant's alleged fraud (see Scivoli v. Levit, 45 A.D.3d 667, 668, 846 N.Y.S.2d 235 ; Juman v. Louise Wise Servs., 3 A.D.3d 309, 309, 770 N.Y.S.2d 305 ; O'Neill v. O'Neill, 264 A.D.2d 766, 767, 694 N.Y.S.2d 772 ; Jeffrey BB. v. Cardinal McCloskey School & Home for ......