HARGRAVES v. BATH CENTRAL SCHOOL DISTRICT (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

Lisa HARGRAVES and Paul Hargraves, as Individuals and as Parents and Guardians of Infant, Carissa Ann Hargraves, Respondents, v. BATH CENTRAL SCHOOL DISTRICT, Appellant, et al., Defendants.

Decided: March 14, 1997

Before PINE, J.P., and LAWTON, CALLAHAN, DOERR and FALLON, JJ.

Hogan and Sarzynski, LLP by John Lynch, Binghamton, for Appellant. Raymond J. Urbanski by Kevin Flynn, Elmira, for Respondents.

Supreme Court properly denied defendant's motion to dismiss the causes of action seeking compensatory damages for alleged negligent conduct. The court erred, however, in failing to dismiss the cause of action seeking punitive damages. Punitive damages may not be assessed against defendant Bath Central School District, which is a public corporation (see, Sharapata v. Town of Islip, 56 N.Y.2d 332, 452 N.Y.S.2d 347, 437 N.E.2d 1104; Buck v Hooker Chems. & Plastics Corp., 117 Misc.2d 496, 458 N.Y.S.2d 134).

Order unanimously modified on the law and as modified affirmed without costs.

MEMORANDUM:

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