Appeal on the ground of inadequacy from a judgment of the City Court of Poughkeepsie, Dutchess County (Katherine A. Moloney, J.), entered March 7, 2007. The judgment, after a nonjury trial, only awarded plaintiff punitive damages in the principal sum of $7,500.

Judgment reversed without costs and complaint dismissed without prejudice.

In this action to recover for injuries sustained as a result of a physical altercation with defendant, plaintiff seeks to recover $15,000 in compensatory damages and $15,000 in punitive damages. Following a trial on the issue of damages, the court awarded plaintiff a judgment of punitive damages in the principal sum of $7,500. Plaintiff appeals from the judgment on the ground of inadequacy.

A demand for punitive damages does not constitute a separate cause of action distinct from the substantive cause of action upon which it is grounded (see Rocanova v
Equitable Life Assur. Socy. of U.S., 83 NY2d 603, 616-617 [1999]; see also Herbert v Jerome, 14 Misc 3d 141[A], 2007 NY Slip Op 50351[U] [App Term, 2d & 11th Jud Dists 2007]), and plaintiff was therefore alleging a single cause of action seeking damages in the amount of $30,000. The monetary jurisdiction of the City Court is limited to $15,000 (UCCA 202). Since the amount of damages sought by plaintiff was not reduced at trial either by motion or by stipulation (see Jules v Cort, 14 Misc 3d 145[A], 2007 NY Slip Op 50410[U] [App Term, 2d & 11th Jud Dists 2007]), and, indeed, even on appeal plaintiff seeks an amount exceeding the court's monetary limit, the instant case seeks relief beyond the subject matter jurisdiction of the court. Accordingly, the judgment must be reversed and the complaint dismissed without prejudice (see Financial Indus. Regulatory Auth., Inc. v Fiero, 10 NY3d 12, 17 [2008]; Matter of Fry v Village of Tarrytown, 89 NY2d 714, 718 [1997]). Because the action is dismissed for lack of subject matter jurisdiction, plaintiff has six months from the date of dismissal to recommence his action regardless of the running of the statute of limitations (see CPLR 205 [a]), either in the [*2]same court, by reducing the amount demanded in his complaint, or in a court having the proper monetary jurisdiction.

We note that absent an award for compensatory (or nominal) damages, punitive damages may not be awarded (see Bryce v Wilde, 39 AD2d 291 [1972], affd 31 NY2d 882 [1972]; see also Rivera v City of New York, 40 AD3d 334 [2007]), and therefore a judgment for only punitive damages cannot be sustained.

Rudolph, P.J., McCabe and Scheinkman, JJ., concur.
Decision Date: July 1, 2008