Barry v. City of New York

In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, *719Queens County (Polizzi, J.), dated May 8, 1998, as denied those branches of their motion which were to dismiss the seventh affirmative defense of the defendant Schiavone Construction Co. and for leave to amend the complaint pursuant to CPLR 3025 (b) to include demands for punitive damages against Schiavone Construction Co. as to their fourth, fifth, sixth, seventh, and eighth causes of action.

Ordered that the order is…