City of Niagara Falls v. Hartford Fire Insurance

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term erroneously denied The Hartford Fire Insurance Company’s cross motion for summary judgment dismissing the city’s third cause of action seeking punitive damages and attorney’s fees for Hartford’s disclaimer of coverage for damage to the interior of the city’s library building caused by a storm on June 21, 1981. Punitive damages are not recoverable for a private breach of contract where a public right is not sought to be vindicated or morally culpable…