Irondequoit Bay Pure Waters District v. Nalews, Inc.

Appellate Division of the Supreme Court of New York

Irondequoit Bay Pure Waters District v. Nalews, Inc.

97 A.D.2d 965, 468 N.Y.S.2d 770, 1983 N.Y. App. Div. LEXIS 20792

Appellate Division of the Supreme Court of the State of New York·Decided November 4, 1983·Published

Opinion

Order unanimously affirmed, without costs. Memorandum: We note that a demand for punitive damages does not constitute a separate cause of action for pleading purposes. In any event, the complaint in this breach of contract action is insufficient to support a claim for punitive damages. It contains no evidentiary allegations of ultimate facts that the defendant insurance company either acted fraudulently or engaged in morally culpable conduct in its dealings with the general public (see Uniland Dev. Co. v Home Ins. Co., 97 AD2d 972; see, also, Garrity v Lyle Stuart, Inc., 40 NY2d 354, 358; Catalogue Serv. v Insurance Co., 74 AD2d 837). (Appeal from order of Supreme Court, Monroe County, Pine, J. — dismiss cause of action.) Present — Dillon, P. J., Callahan, Green, O’Donnell and Schnepp, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously affirmed, without costs. Memorandum: We note that a demand for punitive damages does not constitute a separate cause of action for pleading purposes. In any event, the complaint in this breach of contract action is insufficient to support a claim for punitive damages. It contains no evidentiary allegations of ultimate facts that the defendant insurance company either acted fraudulently or engaged in morally culpable conduct in its dealings with the general public (see Uniland Dev. Co. v Home Ins. Co., 97 AD2d 972; see, also, Garrity v Lyle Stuart, Inc., 40 NY2d 354, 358; Catalogue Serv. v Insurance Co., 74 AD2d 837). (Appeal from order of Supreme Court, Monroe County, Pine, J. — dismiss cause of action.) Present — Dillon, P. J., Callahan, Green, O’Donnell and Schnepp, JJ.

Irondequoit Bay Pure Waters District v. Nalews, Inc., 97 A.D.2d 965, 468 N.Y.S.2d 770, 1983 N.Y. App. Div. LEXIS 20792 (N.Y. Ct. App. 1983).

Pincite

97 A.D.2d 965 (Irondequoit Bay Pure Waters District v. Nalews, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related