Shiffman v. Empire Blue Cross & Blue Shield

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about May 6, 1998, which, to the extent appealed from as limited by appellants’ brief, granted plaintiffs motion to dismiss defendants’ first, third, fourth and fifth affirmative defenses and denied defendants’ cross motion to dismiss the complaint for failure to state a cause of action, unanimously modified, on the law, the cross motion granted to the extent of dismissing the claim for punitive damages, and otherwise affirmed, without costs.

In this action for civil trespass, it is undisputed that defendants gained…