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COSMOPOLITAN v. NASSAU INS

99 Misc.2d 1018 (1979)

Cosmopolitan Mutual Insurance Co. et al., Respondents-Appellants, v. Nassau Insurance Company, Appellant-Respondent.

Supreme Court, Appellate Term, First Department.

May 25, 1979

Attorney(s) appearing for the Case

Jerome J. Remer for appellant-respondent. Smith, Mazure & Wilkins (Stanley Wilkins of counsel), for respondents-appellants.

Concur: HUGHES, RICCOBONO and ASCH, JJ.

Per Curiam.

Order entered September 29, 1978 (CAHN, J.), insofar as appealed from, affirmed, with $10 costs to defendant.

Our appellate courts have been uniformly reluctant to permit the recovery of punitive damages by an insured against his insurer (Gordon v Nationwide Mut. Ins. Co., 30 N.Y.2d 427; Cohen v New York Prop. Ins. Underwriting Assn.,

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