Cuautle-Rosas v Caprio

Holding The court reversed the denial of the plaintiff’s motion to compel depositions of nonparties and to dismiss the comparative negligence defense, finding the defendant’s liability conceded and the discovery request relevant. However, the court affirmed the denial of the motion to strike the answer and to amend the complaint for punitive damages, as the plaintiff failed to show willful misconduct or sufficient moral culpability.

The court’s words

Inasmuch as the defendant has conceded full liability for the accident at issue, the Supreme Court should have granted that branch of the plaintiff's motion which was to dismiss the defendant's affirmative defense alleging comparative negligence.

2026 NY Slip Op 06280, at the official text

The plaintiff failed to make a clear showing that the defendant's failure to disclose certain video footage was the product of willful, contumacious, or bad faith conduct.

2026 NY Slip Op 06280, at the official text

the plaintiff's allegations fell short of the level of moral culpability necessary to support a demand for punitive damages

2026 NY Slip Op 06280, at the official text