Carter v. Country Wide Insurance

Appellate Division of the Supreme Court of New York

Carter v. Country Wide Insurance

112 A.D.2d 397, 491 N.Y.S.2d 1007, 1985 N.Y. App. Div. LEXIS 56149

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 29, 1985

StatusPublished

This text of 112 A.D.2d 397 (Carter v. Country Wide Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. Country Wide Insurance, 112 A.D.2d 397, 491 N.Y.S.2d 1007, 1985 N.Y. App. Div. LEXIS 56149 (N.Y. Ct. App. 1985).

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Opinion

In an action to recover damages based on an alleged breach of an insurance contract, defendant appeals from an order of the Supreme Court, Nassau County (Pantano, J.), dated May 1, 1984, which granted plaintiff’s motion for leave to serve an amended complaint.

Order reversed, with costs, and motion for leave to serve an amended complaint denied.

The allegations set forth in the proposed amended complaint are insufficient as a matter of law to sustain a claim for punitive damages (see, Fleming v Allstate Ins. Co., 106 AD2d 426, 426-427). Hence, Special Term erred in granting plaintiff’s motion for leave to serve an amended complaint including such a claim (see, Sharapata v Town of Islip, 82 AD2d 350, 362, affd 56 NY2d 332). Lazer, J. P., Gibbons, Bracken and Niehoff, JJ., concur.

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In an action to recover damages based on an alleged breach of an insurance contract, defendant appeals from an order of the Supreme Court, Nassau County (Pantano, J.), dated May 1, 1984, which granted plaintiff’s motion for leave to serve an amended complaint.

Order reversed, with costs, and motion for leave to serve an amended complaint denied.

The allegations set forth in the proposed amended complaint are insufficient as a matter of law to sustain a claim for punitive damages (see, Fleming v Allstate Ins. Co., 106 AD2d 426, 426-427). Hence, Special Term erred in granting plaintiff’s motion for leave to serve an amended complaint including such a claim (see, Sharapata v Town of Islip, 82 AD2d 350, 362, affd 56 NY2d 332). Lazer, J. P., Gibbons, Bracken and Niehoff, JJ., concur.

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Bluebook (online)

112 A.D.2d 397, 491 N.Y.S.2d 1007, 1985 N.Y. App. Div. LEXIS 56149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-country-wide-insurance-nyappdiv-1985.

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