Kerman v. Friedman

In an action to recover damages for accounting malpractice, the defendants appeal from so much of an order of the Supreme Court, Kings County (Rosenberg, J.), dated March 4, 2003, as treated the plaintiffs motion for leave to reargue as one for leave to renew, and, upon renewal, vacated a prior order of the same court dated July 16, 2002, granting their motion to dismiss the complaint pursuant *394to CPLR 3211 (a) (5) and as granted their motion to dismiss the complaint only to the extent of dismissing the claim for punitive damages.

Ordered that the order is affirmed insofar as appealed from,…