Everett v. Loretto Adult Cmty., Inc., 2006 NY Slip Op 6954 (N.Y. App. Div. 2006)

In this “short” order, the court of appeals reversed in part denial of defendant’s motion for summary judgment. That portion of Defendants’ motion seeking summary judgment on punitive damages claims was improperly denied because Defendants met their burden on the motion by establishing the absence of any conduct that could be viewed as so reckless or wantonly negligent as to be the equivalent of conscious disregard of the rights of others. There was no claim in the complaint under N.Y. Public Health Law § 2801-d or based on the Omnibus Budget Reconciliation Act of 1987 so Defendants’ motion on those causes of action was properly denied.