Opinion
Submitted April 14, 1999
June 1, 1999
In an action, inter alia, to recover damages for trespass, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Winick, J.), dated June 4, 1998, as granted that branch of the cross motion of the defendant L.A. Sesto Construction Corp. which was for partial summary judgment dismissing the fourth and sixth causes of action asserted in the complaint.
Michael A. Markowitz, Garden City, N.Y., for appellant.
Michael P. Stafford, Garden City, N.Y., for respondents A.J. Richard Sons, Inc., and P.C. Richard Sons Long Island Corporation.
Speyer Perlberg, Melville, N.Y. (Alexander M. Amanatides of counsel), for respondent L.A. Sesto Construction Corp.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The Supreme Court properly dismissed the fourth and sixth causes of action to recover punitive damages for conversion and trespass, respectively, as there is no evidence that the defendants "acted with actual malice involving intentional wrongdoing, or that [their] conduct amounted to a wanton, willful, or reckless disregard of right of possession" ( see, Ligo v. Gerould, 244 A.D.2d 852; UA-Columbia Cablevision v. Fraken Bldrs., 114 A.D.2d 448; MacKennan v. Bern Realty Co., 30 A.D.2d 679; Litwin v. Town of Huntington, 248 A.D.2d 361, 362).