Legal Opinion
Empire State Federal Savings & Loan Ass'n v. Commercial Union Insurance
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1979PublishedCited by 5 opinions
1Opinion of the Court
— In an action, inter alia, to recover the proceeds of a fire insurance policy, defendant appeals from an order of the Supreme Court, Westchester County, dated May 5, 1978, which denied its motion to dismiss the second cause of action (for punitive damages) on the ground of legal insufficiency. Order reversed, on the law, with $50 costs and disbursements, and motion granted. Initially, it must be noted that a demand for punitive damages does not constitute a separate cause of action for pleading purposes (Knibbs v Wagner, 14 AD2d 987; Dworski v Empire Discount Corp., 46 Mise 2d 844). Of more…
2Cases cited5 opinions
- Borkowski v. BorkowskiNew York Court of Appeals · 1976
- Luxonomy Cars, Inc. v. Citibank, N. A.Appellate Division of the Supreme Court of the State of New York · 1978
- M. S. R. Associates Ltd. v. Consolidated Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
- Greenspan v. Commerical Insurance Co. of NewarkAppellate Division of the Supreme Court of the State of New York · 1977
- Knibbs v. WagnerAppellate Division of the Supreme Court of the State of New York · 1961
3Cited by5 opinions
- Harris v. CamilleriAppellate Division of the Supreme Court of the State of New York · 1980
- Maitrejean v. Levon Properties Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Aragona v. Allstate InsuranceNew York District Court · 2013
- New York Guardian Mortgagee Corp. v. James H. Northrop, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Taranto v. FritzAppellate Division of the Supreme Court of the State of New York · 1981