dishonesty as to imply a criminal indifference to civil obligations. . . . [P]unitive damages may be
sought when the wrongdoing was deliberate and has the character of outrage frequently
associated with crime. The misconduct must be exceptional, as when the [*4]wrongdoer has acted maliciously, wantonly, or with a recklessness
that betokens an improper motive or vindictiveness ... or has engaged in outrageous or oppressive
intentional misconduct or with reckless or wanton disregard of safety or rights"
(Ross v Louise Wise
Servs., Inc., 8 NY3d 478, 489 [2007] [internal quotation marks, emendation, and
internal citations omitted]). "In order to recover punitive damages, a plaintiff must show, by
"clear, unequivocal and convincing evidence, egregious and willful conduct that is morally
culpable, or is actuated by evil and reprehensible motives" (Munoz v Puretz, 301 AD2d
382, 384 [1st Dept 2003] [internal quotation marks and citations omitted]; but see In re
Seventh Jud. Dist. Asbestos Litig., 190 AD2d 1068, 1069 [4th Dept 1993]["the evidentiary
standard for proving entitlement to punitive damages is preponderance of the evidence, not clear
and convincing evidence"]).
Additionally, General Obligations Law § 7-108 (g)
provides, "Any person who violates the provisions of this subdivision shall be liable for actual
damages, provided a person found to have willfully violated this subdivision shall be liable for
punitive damages of up to twice the amount of the deposit or advance."
"The word 'willful' is widely used in the law, and, although it has not by any means been
given a perfectly consistent interpretation, it is generally understood to refer to conduct that is not
merely negligent" (McLaughlin v Richland Shoe Co., 486 US 128, 133 [1988]). "[I]t