Hall v. Rite Aid Corp.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered August 12, 2005 in a personal injury action. The order denied with prejudice defendants’ mo*1161tion for dismissal/summary judgment dismissing plaintiff’s claim for punitive damages.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by providing that the motion is denied without prejudice and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained after taking…