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Punitive damage in NY Small Claims Court?

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njhoacondo

New member
Is it possible to claim punitive damage in NY Small Claims Court?

My bank has repeatedly refused to close my account for the last 3 months using bogus excuses and has continued to charge various fees on it. This is totally egregious and I have no doubt I will prevail in Small Claims Courts.
But in addition to getting my account closed and recovering the abusive fees collected by my bank, can the bank's egregious behavior in refusing to close my account be used to claim punitive damages? If yes, how do I calculate the proper amount of punitive damages?
 


Mark_A

Active Member
A quick Google search and "AI" response (not guaranteed to be accurate):

"In New York's small claims court, while you can request punitive damages, the court's ability to award them is limited to situations where the defendant's actions are proven to be malicious, wanton, or reckless, bordering on criminal behavior."
 

zddoodah

Active Member
I have no idea whether a NY small claims court has jurisdiction to award punitive damages, but they wouldn't be available in a claim arising out of contract.
 

quincy

Senior Member
Is it possible to claim punitive damage in NY Small Claims Court?

My bank has repeatedly refused to close my account for the last 3 months using bogus excuses and has continued to charge various fees on it. This is totally egregious and I have no doubt I will prevail in Small Claims Courts.
But in addition to getting my account closed and recovering the abusive fees collected by my bank, can the bank's egregious behavior in refusing to close my account be used to claim punitive damages? If yes, how do I calculate the proper amount of punitive damages?
When closing a bank account, the bank will leave it open until all checks and withdrawals have cleared. What fees is your bank charging to your account?
 

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