Opinion
February 16, 1989
Appeal from the Supreme Court, New York County (David H. Edwards, J.).
Plaintiff sold certain real property to defendant. In the contract of sale is was agreed that defendant would turn over to plaintiff rents and section 8 payments owing at the time of the closing. In his first cause of action plaintiff seeks damages for defendant's breach of this agreement. It is alleged that past-due rentals owing at the time of the closing were collected by defendant and that defendant failed to remit to the plaintiff the amounts to which he was entitled under the agreement. Defendants have admitted that rentals past due at the time of the closing were in fact collected by them and have entirely failed to controvert plaintiff's claim that no portion of these proceeds was turned over to the plaintiff. This being the case, the motion court's grant of summary judgment as to liability on plaintiff's first cause was entirely proper.
We modify only to the extent of dismissing that part of plaintiff's first cause of action asserting a claim for punitive damages. We see no basis for an award of punitive damages in what is basically a routine breach of contract action between private parties. (See, e.g., Halpin v Prudential Ins. Co., 48 N.Y.2d 906; J.G.S., Inc. v Lifetime Cutlery Corp., 87 A.D.2d 810; Sanfilippo v Metropolitan Life Ins. Co., 74 A.D.2d 600.)
Concur — Murphy, P.J., Asch, Milonas, Ellerin and Wallach, JJ.