Tenants Can't Claim Punitive Damages from Landlord for Fire

Tenants sued landlord for negligence based on damages suffered after a fire at the garden apartment complex. At some point, tenants asked the court for permission to amend their complaint to add a claim for punitive damages. The court ruled for tenants. Landlord appealed and won. There was no merit to tenants' claim for punitive damages. Punitive damages can be awarded when a party's actions were immoral, beyond careless, willfully negligent, or reckless. Tenants speculated, but presented no proof, that landlord was reckless or willfully negligent in its maintenance and servicing of the building's electrical system.

Buckholz v. Maple Garden Apts., LLC: NYLJ, 3/19/07, p. 35, col. 6 (App. Div. 2 Dept.; Crane, JP, Goldstein, Lifson, Carni, JJ)