N.Y. Court Dismisses Commercial Tenant's Claim for Punitive Damages

NEW YORK - Allegations of negligence by a commercial landlord, even if proven, would be insufficient to allow a tenant to collect punitive damages, a New York court held recently in limiting available damages. Greene 440 Ninth LLC, et al. v. Reade, et al., No. 116126/2003 (N.Y. Sup., N.Y. Cty.).

New York County Supreme Court Justice Joan A. Madden signed a two-page order on Nov. 8, dismissing a punitive damages claim brought by Duane Reade, a New York pharmacy, against its landlord, Greene 440 Ninth LLC.

Citing case law, Justice Madden said '[u]nlike a claim for negligence, a party …