Order affirmed insofar as appealed from, without costs.
Since a claim for exemplary or punitive damages need not be explicitly pleaded if facts entitling the plaintiff to such damages are alleged, and since it is the position of plaintiff, as he insisted on the argument of this appeal, that his complaint is broad enough to encompass such a claim, the affirmative defense of absence of malice was properly interposed. Our determination on this appeal should not be taken...
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