SAMUEL GREENBERG CO., INC. v. EDGEMONT CONDOS., INC.


57 A.D.2d 861 (1977)

Samuel Greenberg Company, Inc., Respondent-Appellant, v. Edgemont Condominiums, Inc., et al., Appellants-Respondents

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

May 9, 1977


Order affirmed insofar as appealed from, with $50 costs and disbursements to plaintiff.

The complaint, as pleaded, is sufficient to support the first and second causes of action. The fourth cause of action, for exemplary and punitive damages, need not have been pleaded as a separate cause of action; it was proper for Special Term to dismiss the fourth cause of action and to permit plaintiff to seek exemplary and punitive damages, in addition to actual damages, under...

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