a fraudulent or evil motive, or a conscious act that willfully and wantonly disregards the rights of another.” Don Buchwald, 281 A.D.2d at 330, 723 N.Y.S.2d at 9. In addition, the burden of proof for punitive damages is “clear and convincing evidence.” See Randi A.J. v. Long Island Surgi-Center, 46 A.D.3d 74, 86, 842 N.Y.S.2d 558, 568 (2d Dep’t 2007) (“[Although we are aware that a different view has been expressed by other courts as to the requisite evidentiary standard, we hold that the trial court erred in failing to charge the jury that the standard of proof regarding the imposition of punitive damages was clear and convincing evidence.”) (citations and internal quotation marks omitted); see also Munoz v. Puretz, 301 A.D.2d 382, 384, 753 N.Y.S.2d 463, 466 (1st Dep’t 2003) (<HOLDING>) (citation omitted). The Court finds both
holding that conduct must be beyond the fraud which supported compensatory damages to award punitive damages holding that the waiver of sovereign immunity must be clear and unequivocal holding a court may not award punitive damages holding that fraud on the court must be supported by clear unequivocal and convincing evidence holding that an award for punitive damages must be supported by clear unequivocal and convincing evidence