On May 25, 2023, the First Department issued a decision in Hobish v. AXA Equit. Life Ins. Co., 2023 NY Slip Op. 02825, holding that the punitive damages available under GBL 349 are limited to those provided in the statute, explaining:
The court also properly dismissed plaintiffs’ claim for punitive damages of $12 million on its General Business Law § 349 (h) cause of action. The statute itself provides for an award of actual damages or fifty dollars, although a court may increase an award up to three times, up to one thousand dollars. The statute only provides for these limited punitive damages.
(Internal quotations and citations omitted).