Legal Question in Civil Litigation in New York

Punitive Damages

In an action for Libel, Slander, Malicious Prosecution, Abuse of Process: Do punitive damages have to be plead specifically and separately in the Ad Damnum, or will a general "and has been damaged" cover punitive damages (Need to know if I have to amend Summons and Verified Complaint to preserve the claim for punitive damages.


Asked on 1/12/99, 11:51 pm

1 Answer from Attorneys
Ronald Coles COLES & THOMPSON

Re: Punitive Damages

Yes. Since the complaint is "notice" it is best to identify punitive damages as a demand for relief. Don't forget to allege that those damages are being sought because the actions of the defendant were "malicious, intentional, wanton and deliberate". Good luck.

Ronald Coles

Coles Law Offices

POBox 1028, 62 Portland Rd.


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Answered on 1/27/99, 8:29 am


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