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JOHN C. SUPERMARKET, INC. v. NEW YORK PROP. INS. UNDERWRITING ASS'N

60 A.D.2d 807 (1978)

John C. Supermarket, Inc., et al., Respondents, v. New York Property Insurance Underwriting Association et al., Appellants

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

January 5, 1978

Unanimously reversed, on the law, with $60 costs and disbursements of this appeal to appellants, and the motion to dismiss is granted.

Plaintiffs seek punitive damages as well as compensatory damages as a result of defendants' failure to compensate plaintiffs for damages to their premises caused by fire. Defendants are insurers of plaintiffs' premises. A prior action was begun by the corporate plaintiff to recover for damages to plaintiffs' premises caused by two...

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