New York Court of Appeals

Richard Sharapata, an Infant, by His Mother and Natural Guardian, Arlene Sharapata v. Town of Islip

June 17, 198256 N.Y.2d 332

Summary

The New York Court of Appeals held that the waiver of sovereign immunity under section 8 of the Court of Claims Act does not permit punitive damages against the State or its political subdivisions, and affirmed the Appellate Division's order denying such damages in a negligence action involving a defective slide. The decision relied on the distinction between compensatory and punitive damages, legislative history, and public‑policy considerations.