Estrow v. Wilson

Orders entered September 14, 1967 and December 13, 1967, unanimously reversed, on the law and in the exercise of discretion, without costs to any party, but with disbursements on the appeal to plaintiff as against defendants. Treating the motion upon which the latter order was based as a motion for renewal, and as such appealable (Matter of Rand, 273 App. Div. 859), the ninth and tenth causes of action are stricken. Both such causes request punitive damages, contra to sections 119 and 132 of the Decedent Estate Law, which were in effect at the time of the collision here involved, and wherein…