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TUCCI v. DI PAOLA

44 A.D.2d 766 (1974)

Reginald M. Tucci, Plaintiff, v. Earleen M. Di Paola, Defendant Reginald M. Tucci, Respondent, v. United States Fidelity and Guaranty Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 11, 1974

Order unanimously modified by granting defendant's motion to dismiss plaintiff's complaint in Action No. 2 insofar as demand is made for punitive damages and as modified, affirmed, without costs.

Memorandum:

Defendant's motion to dismiss plaintiff's complaint in Action No. 2, insofar as demand is made for punitive damages, should be granted. Plaintiff makes no allegation in his complaint in such action that defendant...

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